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Your Age

Your Age

Your Age Does Not Affect
Your Ability to Do Your Job

Employees should be assessed on their individual merits and qualifications—not on stereotypes about their age. Unfortunately, anyone who stays in the workplace beyond the age of 40 may eventually face this form of discrimination. There is an unjustified, unfair perception that as you age, your worth goes down because of perceived lack of adaptability, expense of increased salary and benefits, growing health concerns and the desire to spend more time with your family.

At Ricotta & Marks, P.C., our Queens and Long Island age discrimination attorneys are strong and experienced advocates for employees. Our law firm practices employment law because we believe in defending workers’ rights. Our knowledge of the law and how it can be applied to your circumstances can help bring closure to your situation and give you peace of mind. If you were a victim of age-based discrimination, we are here to help. To schedule a free, confidential consultation with a top-rated New York workplace discrimination attorney, please call us (347) 727-0661 or send us an e-mail. 

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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How Common is Workplace Age Discrimination?

In the current economy, where many people feel they won’t be able to retire until the age of 70 or who are returning to work to supplement their depleted retirement income, this is a serious issue.

Older people are being forced out of the workplace through layoffs and have a much harder time getting another job, spending months or years out of work.

Employees deserve a work environment that is free from all forms of unlawful discrimination, including age discrimination. Unfortunately, discrimination against older workers remains a persistent problem in New York City and throughout the United States. The Equal Employment Opportunity Commission (EEOC) reports that approximately 60 percent of workers 45 years of age and older have experienced or witnessed age discrimination while on the job.   

Federal and State Protections Against Age Discrimination in the Workplace

Workers in New York are protected against age discrimination under state, federal and city law. To start, the federal Age Discrimination in Employment Act (ADEA) prohibits adverse treatment on the basis of age. The ADEA protects workers who are 40 years old and older from age-based discrimination. Additionally, workers are also protected from age discrimination under the New York State Human Rights Law and New York City Human Rights Law.

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Age Discrimination and Adverse Employment Actions

Age discrimination occurs when an employee is treated less favorably because of their age. While experience is a valid factor in making an employment decision, workers cannot be denied opportunities merely because they are older. You may have been the victim of age discrimination if you suffered an adverse employment action related to your age. Some common examples of adverse employment actions include: 

  • Denial of a job opportunity;
  • Denial of a promotion;
  • Less desirable assignments than other workers; 
  • Termination or unlawful targeting in layoffs; and
  • Hostile work environment (harassment). 

What to Know About Age Discrimination and Layoffs

Where it used to be policy to lay off the most recently hired workers during downsizing, it is more common now for the older, more experienced workers to be let go in favor of employees who do not cost as much. Employers can gloss over this discrimination by claiming they had to cut the workforce and you were simply one of the unfortunate decisions. That does not mean they did not discriminate against you because of your age. 

Put another way, an employer cannot conduct layoffs or reductions in force in a discriminatory manner—meaning older, more senior workers should not be targeted by the company. If you believe that you or your family member was unfairly discriminated against during layoffs, downsizing, or corporate restructuring, please contact our Queens and Long Island age discrimination lawyers for immediate help. 

Why Hire

Why Hire

Why Hire the New York Age Discrimination Lawyers
at Ricotta & Marks.

If you feel that your employment was terminated because you are over 40 or if you have been turned down for employment because of your age, come tell us your story. At Ricotta & Marks, P.C., our workplace discrimination lawyers are avid listeners and we want to help you get justice and fair financial compensation. 

During your free initial consultation, we can determine if and how you were discriminated against, then give you the available options to go forward, including filing with the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, the New York City Commission on Human Rights, or filing a state or federal lawsuit. We will aggressively protect your rights as an employee and help successfully resolve your case. Among other things, our Queens and Long Island age discrimination lawyers are prepared to: 

  • Conduct a comprehensive review of your age discrimination case; 
  • Answer any questions you have about your workplace rights; 
  • Investigate your age discrimination claim—securing relevant evidence; and,
  • Devise a customized legal strategy focused on achieving the best possible outcome. 

Age discrimination is not acceptable. We are committed to providing each and every client with the attentive, personalized representation that they deserve. Looking to find an age discrimination attorney near you? Schedule your free initial consultation today by calling us at (347) 727-0661. 

Call Our Queens and Long Island, NY
Age Discrimination Attorneys for Immediate Assistance

At Ricotta & Marks, P.C., our New York employment lawyers are skilled, results-focused advocates for workers. If you or your loved one was the victim of age discrimination, we can help. To arrange a no cost, fully confidential initial consultation, please contact our legal team today. We represent employees throughout the New York City metropolitan area, including in Queens, Manhattan, Brooklyn, the Bronx, Staten Island, Nassau County, Suffolk County, and communities beyond.

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