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Criminal Record

Criminal Record

Criminal Record Discrimination

Discriminated Against Due to a Criminal Record? Call our New York Employment Lawyers for Help

Everyone deserves a fair opportunity to earn a living. If you paid your debt to society after committing a crime, you may rightly feel that you should be able to move on and put your past behind you. However, many employers will force you to continue to pay for your criminal history by refusing to hire you. Though this discriminatory practice is all too common, it is against the law. New Yorkers facing discrimination based on their criminal records can turn to us for help.

At Ricotta & Marks, P.C., our Queens criminal record discrimination attorneys are strong, experienced advocates for employee rights. We are here to protect you. If you or your loved one was discriminated against because of a criminal record, you need a skilled advocate in your corner. To schedule a strictly confidential consultation with a Queens employment discrimination lawyer, please call our Queens or Long Island law office today.

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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Criminal Record Discrimination

Criminal Record Discrimination

New York Law: Criminal Record Discrimination

There are no federal labor laws that explicitly prohibit companies and organizations from discriminating against employees and job candidates on the basis of a criminal record. The good news is that New York state law and New York City law provides legal protections. The most important thing to know about New York State law is that it is unlawful to discriminate against an employee or job applicant based on an arrest that did not lead to a conviction.

Workers in New York City have an additional layer of protection. Our city has one of the strongest ‘Ban-the-Box’ laws in the entire country. Municipal law makes it illegal for employers within NYC to inquire about criminal records before making a job offer. Only after a formal offer is made can an employer take adverse action based on a criminal conviction. If they do so, they must give the applicant a ‘Fair Chance Notice’ that explains and justifies the decision.

 

Discrimination Based on Your Background Check

As long as the crime is unrelated to the job you apply for, it is illegal for employers to discriminate based on a criminal record. For example, if you were arrested at age 16 for fighting and are applying for a job as a physical therapist, the crime is not related to the work. Therefore, it is unlawful for the employer to refuse to hire you based on your criminal record.

It is legal for the employer to refuse to hire a candidate based on a criminal record if there is a connection between the crime and the nature of the work. For instance, if you were arrested for embezzlement and are seeking work in the securities industry, employers can legally discriminate based on your criminal record.

If an employer refused to hire or promote you based on an unrelated crime from your past, you may be a victim of criminal record job discrimination. Our employment lawyers will take aggressive action to address the underlying discrimination.

Why Hire the Employment Discrimination Lawyers at Ricotta & Marks

Discrimination in the workplace is not acceptable. At Ricotta & Marks, P.C., most of our practice is devoted to representing victims of employment discrimination, including discrimination on the basis of a criminal record. We work tirelessly to protect the rights of employees. When you reach out to our Queens or Long Island law office, you will have a chance to speak to a Queens employment lawyer who can:

  • Conduct an in-depth review of your criminal record discrimination case;
  • Explain your rights and options under state and local law;
  • Investigate the incident—securing relevant information and evidence; and
  • Craft a legal strategy focused on getting you justice and compensation.

We are firmly committed to representing employees with personal attention and service. You need a New York City employment lawyer who will put forward the time and resources to ensure that you achieve the best results. Do not assume that you are without options. Our New York criminal record discrimination lawyers are here to help.

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Call Our Queens Criminal Record Discrimination Attorneys for Help

At Ricotta & Marks, P.C., our New York employment lawyers have the skills and experience to represent workers facing discrimination on the basis of criminal records. We will protect your rights and help you get justice and a fair opportunity to earn a living. Contact our Queens office today for a fully private, no commitment initial consultation. We represent employees throughout the New York City metropolitan area, including in Brooklyn, Manhattan, The Bronx, Staten Island, and Long Island.

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