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One lawyer’s big mistake

Click here for link: How to hire a NY Employment Lawyer

Employment law, wage and hour, and employment discrimination are issues handled by the Urba Law Firm. The employment law firm is based in Westchester County. Its principal law office is in Tarrytown, New York. The employment law firm serves mostly employees. Occasionally it helps small employers.

Technology enables this employment law firm to serve all of New York State. Some clients even move away from New York after a job loss. None of that matters. If you were based in New York or worked in New York, then lost your job, the Urba Law Firm may be able to help.

Age and gender discrimination are very common. People often say “I can’t believe that in this century managers still treat employees this way.” They do. Partly because many managers and employees are poorly trained or even not trained at all. The higher your industry’s turnover the less likely you will receive adequate training from your employer.

Employees are often shocked to learn that no employer is required to pay for training or even provide training. Unless your union or civil service job provides such benefits private employers have no duty to train employees unless some contract requires such training. Most employee handbooks specifically state “this is not a contract of employment” and that the employer may change its mind at any time so that employee handbooks or policies “do not rise to the level of contracts and provide no guarantee of continued benefits nor will they be contract rights.”

We see employees who did not realize that their employers “regarded them as disabled.” This means that even though an employee did not think “disability” and did not ask for an “accommodation” the employer still thought they were disabled and treated them that way. Such employers are as guilty as ones who refuse to engage in an interactive process to provide an employee with a disability a reasonable accommodation.

Possibly the two biggest challenges with employment law? Time and witnesses.

It usually takes hours to consult with an employee or former employee who is or was discriminated.

Sometimes, even an employee with what looks like a great case has no case. Why? Because we can’t prove the discrimination. Every Plaintiff has the burden of proof. Either with documents, writings, texts, or witnesses. In most cases affidavits need to be drafted. That only happens after more conferences with potential witnesses who have first hand knowledge of unlawful employment practices.

Almost no employment case is a slam dunk. They all take time. Consult with many potential employment lawyers until you find one that clicks for you. There are lots of us out there. Not every lawyer should represent every client and not every client should hire the first lawyer she or he talks to. Good luck! If you have not done so yet listen to the video at the top.

A short but true story follows.

A few years ago a highly experienced lawyer called me. He did not limit his practice to employment law. He sounded very bright. Unfortunately he gave the wrong advice to his client. He told the client that the client did not have to keep looking for work. On the eve of trial this lawyer realized that he had given his client the wrong advice. This would cost the client most of their damages because if any employee stops looking for work after losing a job they are limiting their own damages. That was a big mistake. It cost both the client and the lawyer lots of money. Don’t make the mistake the lawyer made. Call around and ask lots of questions before jumping into a lawyer client relationship or a lawsuit!

The firm operates its primary website @ https://UrbaNYlaw.com and limits its law practice to employment law issues. V. Jonas Urba, Esq. is the firm’s owner. He has been licensed and practicing law for over a quarter century.

V. Jonas Urba created this website to help everyone. For a free initial telephone consultation regarding a New York employment law issue call Jonas at (914) 366-7366.

Employment issues are stressful! Competent counsel can alleviate some of that stress.

V. Jonas Urba, Esq. is a licensed New York lawyer. He has studied and practiced the laws of Florida, Colorado, and New York State. Initially licensed in 1988.

“Attorney Advertising” @2017, Urba Law Firm, 520 White Plains Rd., Suite 500, Tarrytown, New York 10591 (principal office but serving all of New York State).

Confidentiality is a high priority! Electronic information exchange is Google Drive secured. No attorney client relationship without a signed retainer agreement. Initial telephone consultations no charge. Statewide representation welcome. Tax advice never given. Suggestions are not legal advice until documents are reviewed. Documents are not reviewed until after an initial telephone consultation. This website and https://UrbaNYlaw.com are solely for informational purposes and nothing else. Any client reviews posted on AVVO are drafted in the clients’ own words and are from actual former clients of Jonas. Hiring any lawyer, especially an employment lawyer in New York, is an important decision and a serious matter. Thank you for treating it that way!