LAW OFFICES OF DRITA NICAJ
I represent clients in the following areas:
- Discrimination and/or harassment on the account of race, color, national origin, ethnicity, sex (including pregnancy), age, disability, religious beliefs, sexual orientation and service in the military.
- Retaliation is prohibited for having formally or informally complained of discrimination or harassment, especially in the employee-employer context.
- The Fair Labor Standards Act (FLSA) and New York law prohibits in many circumstances the failure to pay overtime pay and an hourly minimum wage.
- First Amendment (speech, assembly, petition and association). A public entity is prohibited from taking action against employees who exercise their First Amendment rights. Similarly, a public entity cannot take action against a citizen who exercises his/her First Amendment rights (for example, withholding issuance of a permit because that citizen criticized governmental officials is prohibited).
- Fourth Amendment claims arising out of violations of a victim’s right to be free from unlawful searches and seizures (including false arrest/detainment, malicious prosecution and excessive force).
- Labor Law § 740 or whistleblower statute prohibits a private employer from retaliating against an employee who discloses or states an intention to disclose that the employer is in violation of a "law, rule, or regulation" that presents a "substantial danger to the public health or safety."
- The Sarbanes-Oxley Act protects employees of publically traded companies from retaliation for complaining about or reporting certain fraudulent activities.
- Representing employees in the disciplinary and/or grievance process as outlined by statute and/or collective bargaining agreements.
- Representing employee/employer in breach of employment contract disputes.