Albany, New York
Employment issues are sensitive matters that often lead to stressful situations. You need a caring and compassionate attorney who knows both the legal implications and the human costs. You need the employment lawyers at Tully Rinckey PLLC.
Our Albany employment lawyers have decades of experience throughout the Capital Region. We practice in Albany, Schenectady, Saratoga, Rensselaer, Columbia, Warren, Schoharie, and Greene counties, and we’re familiar with the courts and judges in each of them. We represent clients in federal and state courts and before administrative agencies involving employment, benefits, discrimination claims, and other labor issues.
Whether as an employee or employer, your needs will receive our highest care and attention, and we’ll deliver a practical solution that meets your needs.
If your rights as an employee have been violated in your workplace or by your employer, we’re here to help.
We handle discrimination issues involving age, race, gender, pregnancy, disability, sexual orientation, religion, and genetics. We also resolve cases of sexual harassment, whistleblower claims, employer retaliation, and reductions in force. We practice before the federal Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights (NY Human Rights Division), and federal and state courts. Our Albany Employment Lawyers have handled hundreds of employee rights cases in all of these venues.
If you believe you’ve been discriminated against or otherwise aggrieved by your employer, tight timelines exist for you to obtain relief. In general, you need to file a claim with the EEOC within 180 days following the date of the discriminatory act. The EEOC will schedule a mediation session and investigate your charges. We have resolved numerous discrimination cases in mediation and are prepared to file a lawsuit on your behalf before or after the EEOC concludes its investigation.
We’re also experienced practicing with the NY Human Rights Division. Grounds for discrimination complaints can be broader under New York State law than federal law, and we can file complaints with both the EEOC and NY Human Rights Division.
We’ll evaluate your situation and recommend the best approach to resolve employment matters without the need for filing a federal or state lawsuit.
Our Albany employment lawyers also represent employers in crafting benefit plans, developing policies and communications, and resolving employee claims. We’re committed to your enterprise and staff’s well-being by handling employment situations promptly and in confidence.
We represent employers in numerous matters before regulators and in court. We handle employee complaints thoroughly and seek to find a solution that works best for all involved. Among our employer-related services are:
Our Albany employment lawyers are here to address your needs and craft fair and effective solutions for you and your employees. We do so informally where possible but are prepared to defend your position in state and federal courts in the Capital District while maintaining confidentiality and discretion at all times.
Let our experienced Albany employment lawyers help you today. Attorney Allen Shoikhetbrod leads our Albany employment practice. Allen represents clients before numerous administrative agencies and at the trial and appellate levels in federal and state courts. He is recognized as one of SuperLawyer’s “Rising Stars.”
If you have an employment law matter, contact us today. Reach us 24-7 at (888) 529-4543. We represent clients throughout the Capital Region, and our offices are conveniently located at 441 New Karner Road in Albany. Virtual consultations are also available. Get the professional advice and compassion that you deserve.
To begin the consultation process, call or email our office today. One of our professional staff members will schedule your initial consultation as soon as possible. They may ask you preliminary questions so that we can best match you with an attorney who meets your needs and is likely to have knowledge relevant to your legal issue. Your consultation may take place in either one of our offices or over the phone.
The goal of a consultation is twofold: (1) the attorney will have an opportunity to gain a basic understanding of your legal problem, and (2) the attorney can inform you about the legal options that may be available to you. At Tully Rinckey PLLC, we believe that the initial consultation is one of the most important parts of the legal process.
Please be aware that all discussions with an attorney during your consultation are private and will remain so, even if you do not retain the firm to represent you.
The employer/employee relationship can give rise to a host of issues. Decisions such as hiring, firing, demoting or disciplining an employee may result in a claim against the employer. A business can also face claims by employees who allege they were wrongly discriminated against or harassed. Recent attention to the problem of workplace sexual harassment has some anticipating a coming wave of employee sexual harassment suits. While many may be familiar with class action lawsuits against large, multinational companies, smaller companies may also face employment-related disputes.
If a company has an Employment Practices Liability Insurance (“EPLI”) policy, it may seek coverage to offset some of the cost of defense and a judgment or settlement, if any.
EPLI is a form of liability insurance that is specifically tailored for employment-related disputes.
However, an EPLI policy is not meant to cover all employment-related disputes. Typical EPLI policies may exclude from coverage employee-related claims such as wage and hour disputes, ERISA disputes, and violations of the “WARN Act.” Coverage disputes can develop as to whether a claim is covered, whether it was timely reported, allocation (when a claim involves some allegations that may be potentially covered and other allegations that are not), and disputes concerning interrelated claims. An experienced coverage attorney can navigate these issues.
Tully Rinckey PLLC insurance law attorneys are experienced in representing businesses in EPLI claims. Our attorneys are skilled at problem solving, whether through informal resolution or litigation. Our attorneys have handled EPLI disputes concerning reinstatement of coverage, allocation of defense costs, and policy interpretation and construction.
The Employee Retirement Income Security Act of 1974 or “ERISA” applies to most private sector employee benefit plans. Such plans may include disability, accident, and medical benefits. ERISA litigation is handled much differently than first-party insurance disputes under non-ERISA plans.
ERISA disputes are generally litigated in federal court, are not tried to a jury, and damages are limited. Claims available under state law may be preempted by the ERISA statutory scheme. There are also differences in discovery and the evidence on which the matter is decided, typically referred to as the administrative record.
The court may, in its discretion, award reasonable attorney’s fees to a party in an ERISA action.
ERISA does not apply to all retirement plans. Plans by Federal, state, or local government are not covered by ERISA. Plans that meet the criteria of “church plans” are also not governed by ERISA.
In addition to disputes between a plan participant or beneficiary and the plan administrator, ERISA may be implicated in disputes over provider reimbursement claims.
Tully Rinckey PLLC insurance law attorneys are experienced in representing insurance companies in ERISA disputes. Our representative matters include defending a carrier in a dispute alleging ERISA and state law claims over life insurance proceeds and a coverage dispute concerning a claim under an accidental death policy, among others. Our AV Preeminent-rated attorneys are capable of representing clients in ERISA claims in federal courts throughout Texas.
Our firm routinely represents Civil Servants who feel that their Civil Service Rights have been violated all across upstate New York. Our team has decades of experience representing clients in front of both state and Federal courts. Rarely does a case come by us that we haven’t seen. By drawing on our vast trial-tested experience, we strive to offer our clients the highest quality legal representation. We will use every resource available to protect your interests and fight for the best possible outcome in your case.
When facing medical separation, it is important that you know your rights and what avenues you have to protest, being your livelihood and benefits are at stake. Under Section 72 of New York Civil Service Law, public employees can be placed on an involuntary medical leave if they have any physical or mental barrier that prevents them from fulfilling their agreed upon job duties for more than a years’ time. However, this does not mean that if you get served with a notice you have to lose your position. You have the right to protest the separation and the right to speak with a union or private attorney to discuss your best path forward. At Tully Rinckey PLLC, our attorneys have the required knowledge and experience to prevent your separation and help you build a case to reinstate you to your position.
At Tully Rinckey PLLC, we have represented clients in all aspects of employment related issues. No matter what stage you are in your Section 75 issue, we are ready to assist you with our decades of combined experience in employment law. From charges to hearings, our Albany Section 75 attorneys will walk you through each step of your case and make sure you are aware of your rights so that you can make the best legal decisions.
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Featured Attorneys
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States and overseas, we make sure you receive legal counsel and representation you can trust.
Tully Rinckey is a full-service law firm. We handle legal issues relating to appellate law, litigation, bankruptcy, international and U.S.-based business law, family and matrimonial law, military and federal employment law, intellectual property law, and much more. We also offer a variety of services, including estate planning, security clearance representation, and congressional investigations. Regardless of your legal needs, we have the experienced counsel you need.
Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.
Our client-centered process is all about communication. During consultations, we teach clients about legal challenges they face and explain options available from their current position. Our attorneys explain how we resolve legal issues for the best possible outcome. We define what the expectations are, create manageable deadlines, and discover evidence to support claims.
