Westchester County Employment Law Attorneys

Often, yes. New York Labor Law Article 6 (§§ 190-199) can treat earned bonuses and commissions as wages, which makes forfeiture clauses unenforceable to the extent the compensation was already earned. Even discretionary bonuses can be recoverable if the employer's practices created a binding expectation. Termination timed to avoid payment can also support a breach of contract or good faith and fair dealing claim. We review the offer letter, bonus plan, vesting schedule, and termination timing to evaluate both wage and breach theories. The same termination may also support a discrimination or retaliation claim depending on the surrounding facts.

No. The NYCHRL applies only to employment within the five NYC boroughs. Westchester workers are covered by NYSHRL (Executive Law §§ 290-301) and federal law instead. Westchester County also has its own Human Rights Commission that handles local complaints in addition to NYSDHR. Workers who commute from Westchester into NYC are typically covered by NYCHRL for the NYC-based work but not for jobs physically located in Westchester.

Only when the agreement is reasonable in scope, geography, and duration, and only to protect a legitimate business interest. New York courts have grown skeptical of broad non-competes, particularly against employees terminated without cause. Restrictions that prevent a former employee from working anywhere in the tri-state area, for any competitor, for two or more years are routinely narrowed or struck down. Specialized client-relationship or trade secret protections are more likely to be enforced, but courts still require careful tailoring. We can usually assess enforceability quickly from the agreement.

Reductions in force can be lawful, but they can also mask discrimination or retaliation. We look at the composition of the affected group compared to the workforce, the selection criteria, the timing relative to any protected activity (complaints, leave, accommodation requests), and the consistency of the explanation. If a restructuring disproportionately affects employees in a protected class (age 40+, women, disability, race, etc.), the layoff can support a disparate impact or disparate treatment claim. Severance offers also frequently include releases that should be reviewed before signing.

EEOC charges (Title VII, ADA, ADEA) must be filed within 300 days. NYSHRL administrative complaints at NYSDHR generally must be filed within one year (three years for sexual harassment). NYSHRL court claims have a three-year limit. New York Labor Law wage claims generally have a six-year look-back, while federal FLSA claims have two or three years. Westchester County Human Rights Commission deadlines also apply for local filings. The earliest applicable deadline controls.

You likely have overlapping claims under New York Labor Law §§ 740 and 741. Section 741 specifically protects healthcare workers (nurses, aides, technicians, and other employees who provide patient care) who report concerns about patient safety to supervisors or regulators. Section 740, as expanded in 2022, more broadly protects employees who report illegal conduct or conduct that poses a substantial danger to public health or safety. Both laws prohibit retaliation including termination, demotion, schedule changes, and threats. Remedies include reinstatement, back pay, civil penalties, and attorney's fees.

No, that violates federal and New York law in most cases. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for eligible employees at employers with 50 or more employees within 75 miles. New York Paid Family Leave provides up to 12 weeks of partially paid leave for bonding, family care, and qualifying military events with no minimum employer size after one year of service. NYSHRL also separately prohibits retaliation for taking protected leave. Termination immediately following protected leave can support FMLA, PFL, and NYSHRL claims in parallel.

Possibly. Tenure and discipline proceedings under Education Law § 3020-a operate under their own procedures, but they don't displace civil rights laws. If the discipline appears to be pretext for discrimination, retaliation for protected activity, or denial of a reasonable accommodation, NYSHRL and ADA claims can run in parallel with the Education Law proceeding. We coordinate with union counsel where appropriate. The earlier we evaluate, the more options usually remain.