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Long Island Criminal Record Discrimination Lawyers

Criminal Discrimination

New York Employment Lawyers Representing Clients in Criminal Record Discrimination Cases

You deserve to apply for jobs and to be hired regardless of whether you have a criminal record. Many New York residents who have been convicted of criminal offenses worry that they will not be able to secure employment even though they have served their sentences and are working tirelessly to make significant changes in their lives. If you have a criminal record, you should not have to fear that a criminal history will continue to follow you for the rest of your working life. You deserve a chance at a fresh start.

While you may be concerned that a potential employer will discriminate against you because of a previous arrest or conviction on your criminal record, you should know that this kind of discrimination is unlawful according to New York law. If you have faced unlawful discrimination, or if you need assistance ensuring that you are treated fairly by an employer, our Long Island criminal record discrimination lawyers are here to help.

New York Law Protects Against Criminal Record Discrimination on Long Island

Whether you live on Long Island or are simply applying for a job on Long Island, you should know that the New York State Human Rights Law protects you from criminal record discrimination. According to the New York Division of Human Rights, the law expressly protects New Yorkers who fall into any of the following categories:

  • You have an arrest record even though you ultimately beat the charges you faced;
  • You have an arrest record that has been sealed;
  • You have a youth offender adjudication on your record; or
  • You have been convicted of a criminal offense.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Protections for Long Island Workers with an Arrest Record, Sealed Record, or Youth Adjudication

How does the New York State Human Rights Law protect you? If you fall into any of the categories other than having a criminal conviction, a potential or current employer is prohibited from asking you about your criminal record on a job application or in any other situation, and employers are prohibited from discriminating against you on the grounds that you have a criminal record (other than a conviction) when you are seeking employment, a license, or insurance for a position.

The only exceptions involve jobs with governmental agencies that require the licensing of guns, firearms, or other deadly weapons, or in applications for employment as a police or peace officer.

Protections for Long Island Workers with Criminal Convictions

Even if you have a criminal conviction on your record, you still have rights and protections against discrimination. You are required to disclose the conviction to a potential or current employer if that employer requests the information, but you can only be denied employment or a professional license if one of the following is true:

  • Your conviction is connected to the type of employment or professional license you are seeking; or
  • Granting employment or the professional license would result in an “unreasonable risk to property or the safety and welfare of others.”

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Seek Advice from a Long Island Criminal Record Discrimination Attorney

Were you denied employment unfairly because of a criminal record? You should know that this practice may constitute unlawful discrimination under the New York Human Rights Law, and our experienced Long Island criminal record discrimination attorneys can help you. Contact Ricotta & Marks, P.C. online or call our firm today at (347) 464-8694 for more information.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694