Law Firm of Eric Andrew Suffin

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About Eric Andrew Suffin

Eric Andrew Suffin is the founding Principal of The Law Firm of Eric Andrew Suffin. Eric is a graduate of Binghamton University, where he was on the Dean's List, and graduated with a Bachelor of Arts in Psychology. Eric is a graduate of Touro Law Center, where he was on the Dean's List, and received a Juris Doctor degree. Eric is admitted to practice law in New York State Courts, the United States District Courts for the Southern, Eastern and Northern Districts of New York, and the United States Court of Appeals, Second Circuit. Before forming Law Firm of Eric Andrew Suffin, as an Associate Eric worked exclusively on labor and employment matters. Eric has substantial experience litigating cases of discrimination, retaliation, personal inujury, unpaid wages, unpaid commissions, and breach of contract. Eric has litigated cases from inception to the trial stage and has been successful for clients. When choosing Law Firm of EAS to represent you, you can be confident that Eric will personally work on your case - a benefit of an experienced and knowledgeable lawyer on your side. Eric prides himself on being nice, caring, loving, sweet, and warm, ways of being that have, and should continue to lead to justice.Bar AdmissionsNew York State CourtsUnited States District Court, Southern District of New YorkUnited States District Court, Eastern District of New YorkUnited States District Court, Northern District of New YorkUnited States Court of Appeals, Second CircuitPublicationsE-mail Preservation Requirements for Financial Institutions

Law Firm of

Eric Andrew Suffin

1040 6th Avenue

24th Floor

New York, NY

10018

By appointment in

Nassau County

Tel: 212-847-9577

Fax: 212-847-9578

Email: info_suffinlaw.com

Employment Law No Frame

Disability
National Origin-Incenstry
Gender
Race-Color
Religion
Sex-Gender
Genetic Discrimination
Sexual Harassment
Retaliation
Age Discrimination

In addition to the application of federal law, described below, The Law Firm of Eric Andrew Suffin works on cases involving New York State and New York City law. Your rights under the New York State Human Rights Law or New York City Human Rights Law may have been violated even if your rights under federal law have not been violated. Call 212-847-9577 to discuss your case with a lawyer.

Disability Age DiscriminationAge discrimination involves treating someone (an applicant or employee) less favorably because of his age.The Age Discrimination in Employment Act (ADEA) only forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40, although some states (including New York) do have laws that protect younger workers from age discrimination.It is not illegal for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.Discrimination can occur when the victim and the person who inflicted the discrimination are both over 40.Age Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.Age Discrimination & HarassmentIt is unlawful to harass a person because of his or her age.Harassment can include, for example, offensive remarks about a person's age. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.Age Discrimination & Employment Policies/PracticesAn employment policy or practice that applies to everyone, regardless of age, can be illegal if it has a negative impact on applicants or employees age 40 or older and is not based on a reasonable factor other than age.

National Origin-Incenstry Disability DiscriminationDisability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).In New York State any medically diagnosable impairment is considered a disability under the New York State Human Rights Law. The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.Disability Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.Disability Discrimination & HarassmentIt is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment)(or any medically diagnosable impairment).Harassment can include, for example, offensive remarks about a person's disability. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that aren't very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.Disability Discrimination & Reasonable AccommodationThe law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer.A reasonable accommodation is any change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.Reasonable accommodation might include, for example, making the workplace accessible for wheelchair users or providing a reader or interpreter for someone who is blind or hearing impaired.While the federal anti-discrimination laws don't require an employer to accommodate an employee who must care for a disabled family member, the Family and Medical Leave Act (FMLA) may require an employer to take such steps. If your FMLA rights were violated call for a consultation.Disability Discrimination & Reasonable Accommodation & Undue HardshipAn employer doesn't have to provide an accommodation if doing so would cause undue hardship to the employer.Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the employer's size, financial resources, and the needs of the business. An employer may not refuse to provide an accommodation just because it involves some cost. An employer does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the employer may choose which one to provide.Definition Of DisabilityNot everyone with a medical condition is protected by federal law. In order to be protected, a person must be qualified for the job and have a disability as defined by the law.A person can show that he or she has a disability in one of three ways pursuant to federal law: * A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning). * A person may be disabled if he or she has a history of a disability (such as cancer that is in remission). * A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment). Under New York State Law any medically diagnosable impairment is considered a disability.

Gender Genetic Information DiscriminationTitle II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, took effect on November 21, 2009.Under Title II of GINA, it is illegal to discriminate against employees or applicants because of genetic information. Title II of GINA prohibits the use of genetic information in making employment decisions, restricts acquisition of genetic information by employers and other entities covered by Title II, and strictly limits the disclosure of genetic information.Definition of Genetic InformationGenetic information includes information about an individuals genetic tests and the genetic tests of an individuals family members, as well as information about any disease, disorder, or condition of an individual's family members (i.e. an individual's family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.Discrimination Because of Genetic InformationThe law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment. An employer may never use genetic information to make an employment decision because genetic information doesn't tell the employer anything about someone's current ability to work.Harassment Because of Genetic InformationUnder GINA, it is also illegal to harass a person because of his or her genetic information. Harassment can include, for example, making offensive or derogatory remarks about an applicant or employee's genetic information, or about the genetic information of a relative of the applicant or employee. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so severe or pervasive that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee, such as a client or customer.RetaliationUnder GINA, it is illegal to fire, demote, harass, or otherwise retaliate against an applicant or employee for filing a charge of discrimination, participating in a discrimination proceeding (such as a discrimination investigation or lawsuit), or otherwise opposing discrimination.Rules Against Acquiring Genetic InformationIt will usually be unlawful for an employer to get genetic information. There are six narrow exceptions to this prohibition: * Inadvertent acquisitions of genetic information do not violate GINA, such as in situations where a manager or supervisor overhears someone talking about a family member's illness. * Genetic information (such as family medical history) may be obtained as part of health or genetic services, including wellness programs, offered by the employer on a voluntary basis, if certain specific requirements are met. * Genetic information may be acquired as part of the certification process for FMLA leave (or leave under similar state or local laws), where an employee is asking for leave to care for a family member with a serious health condition. * Acquisition through commercially and publicly available documents like newspapers is permitted, as long as the employer is not searching those sources with the intent of finding genetic information. * Acquisition through a genetic monitoring program that monitors the biological effects of toxic substances in the workplace is permitted where the monitoring is required by law or, under carefully defined conditions, where the program is voluntary. * Acquisition of genetic information of employees by employers who engage in DNA testing for law enforcement purposes as a forensic lab or for purposes of human remains identification is permitted, but the genetic information may only be used for analysis of DNA markers for quality control to detect sample contamination.Confidentiality of Genetic InformationIt is also unlawful for an employer to disclose genetic information about applicants or employees. Employers must keep genetic information confidential and in a separate medical file. (Genetic information may be kept in the same file as other medical information in compliance with the Americans with Disabilities Act.) There are limited exceptions to this non-disclosure rule.

Race-Color National Origin-Ancestry DiscriminationNational origin-Ancestry discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not).National origin discrimination also can involve treating people unfavorably because they are married to (or associated with) a person of a certain national origin or because of their connection with an ethnic organization or group.Discrimination can occur when the victim and the person who inflicted the discrimination are of the same national origin or ancestry.National Origin-Ancestry Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.National Origin-Ancestry & HarassmentIt is unlawful to harass a person because of his or her national origin or ancestry. Harassment can include, for example, offensive or derogatory remarks about a person's national origin, accent or ethnicity. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.National Origin-Ancestry & Employment Policies/PracticesThe law makes it illegal for an employer or other covered entity to use an employment policy or practice that applies to everyone, regardless of national origin-ancestry, if it has a negative impact on people of a certain national origin or ancestry and is not job-related or necessary to the operation of the business.An employer can only require an employee to speak fluent English if fluency in English is necessary to perform the job effectively. An English-only rule, which requires employees to speak only English on the job, is only allowed if it is needed to ensure the safe or efficient operation of the employer's business and is put in place for nondiscriminatory reasons.An employer may not base an employment decision on an employee's foreign accent, unless the accent seriously interferes with the employee's job performance.Citizenship Discrimination & Workplace LawsThe Immigration Reform and Control Act of 1986 (IRCA) makes it illegal for an employer to discriminate with respect to hiring, firing, or recruitment or referral for a fee, based upon an individual's citizenship or immigration status. The law prohibits employers from hiring only U.S. citizens or lawful permanent residents unless required to do so by law, regulation or government contract. Employers may not refuse to accept lawful documentation that establishes the employment eligibility of an employee, or demand additional documentation beyond what is legally required, when verifying employment eligibility (i.e., completing the Department of Homeland Security (DHS) Form I-9), based on the employee's national origin or citizenship status. It is the employee's choice which of the acceptable Form I-9 documents to show to verify employment eligibility.IRCA also prohibits retaliation against individuals for asserting their rights under the Act, or for filing a charge or assisting in an investigation or proceeding under IRCA.

Religion Pregnancy DiscriminationPregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.Pregnancy Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.Pregnancy Discrimination & Temporary DisabilityIf a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her the same as any other temporarily disabled employee. For example, the employer may have to provide modified tasks, alternative assignments, disability leave or unpaid leave.Pregnancy Discrimination & HarassmentIt is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.Pregnancy & Workplace LawsPregnant employees have additional rights under the Family and Medical Leave Act (FMLA).Pregnancy, Maternity & Parental LeaveUnder federal law, if an employee is temporarily unable to perform her job due to pregnancy or childbirth, the employer must treat her the same as any other temporarily disabled employee. An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.Further, under the Family and Medical Leave Act (FMLA) of 1993, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees.

Sex-Gender Race-Color DiscriminationRace-color discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race-color or because of personal characteristics associated with race-color (such as hair texture, skin color, or certain facial features). Race-color discrimination also can involve treating someone unfavorably because the person is married to (or associated with) a person of a certain race or color or because of a person's connection with a race-based organization or group, or an organization or group that is generally associated with people of a certain color.Discrimination can occur when the victim and the person who inflicted the discrimination are the same race or color.Race-Color Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.Race-Color Discrimination & HarassmentIt is unlawful to harass a person because of that person's race or color.Harassment can include, for example, racial slurs, offensive or derogatory remarks about a person's race or color, or the display of racially-offensive symbols. Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.Race-Color Discrimination & Employment Policies/PracticesAn employment policy or practice that applies to everyone, regardless of race or color, can be illegal if it has a negative impact on the employment of people of a particular race or color and is not job-related and necessary to the operation of the business. For example, a no-beard employment policy that applies to all workers without regard to race may still be unlawful if it is not job-related and has a negative impact on the employment of African-American men (who have a predisposition to a skin condition that causes severe shaving bumps according to the U.S. EEOC).

Genetic Discrimination Religious DiscriminationReligious discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. The law protects not only people who belong to traditional, organized religions, such as Buddhism, Christianity, Hinduism, Islam, and Judaism, but also others who have sincerely held religious, ethical or moral beliefs.Religious discrimination can also involve treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group.Religious Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.Religious Discrimination & HarassmentIt is illegal to harass a person because of his or her religion.Harassment can include, for example, offensive remarks about a person's religious beliefs or practices. Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that arent very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.Religious Discrimination & Reasonable AccommodationThe law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable adjustments to the work environment that will allow an employee to practice his or her religion.Examples of some common religious accommodations include flexible scheduling, voluntary shift substitutions or swaps, job reassignments, and modifications to workplace policies or practices.Religious Accommodation/Dress & Grooming PoliciesUnless it would be an undue hardship on the employer's operation of its business, an employer must reasonably accommodate an employee's religious beliefs or practices. This applies not only to schedule changes or leave for religious observances, but also to such things as dress or grooming practices that an employee has for religious reasons. These might include, for example, wearing particular head coverings or other religious dress (such as a Jewish yarmulke or a Muslim headscarf), or wearing certain hairstyles or facial hair (such as Rastafarian dreadlocks or Sikh uncut hair and beard). It also includes an employee's observance of a religious prohibition against wearing certain garments (such as pants or miniskirts).When an employee or applicant needs a dress or grooming accommodation for religious reasons, he should notify the employer that he needs such an accommodation for religious reasons. If the employer reasonably needs more information, the employer and the employee should engage in an interactive process to discuss the request. If it would not pose an undue hardship, the employer must grant the accommodation.Religious Discrimination & Reasonable Accommodation & Undue HardshipAn employer does not have to accommodate an employee's religious beliefs or practices if doing so would cause undue hardship to the employer. An accommodation may cause undue hardship if it is costly, compromises workplace safety, decreases workplace efficiency, infringes on the rights of other employees, or requires other employees to do more than their share of potentially hazardous or burdensome work.Religious Discrimination And Employment Policies/PracticesAn employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment.

Sexual Harassment RetaliationAll of the laws we enforce make it illegal to fire, demote, harass, or otherwise retaliate against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).For example, it is illegal for an employer to refuse to promote an employee because she filed a charge of discrimination with the EEOC, even if EEOC later determined no discrimination occurred.Retaliation & Work SituationsThe law forbids retaliation when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Retaliation Sex-Gender-Based DiscriminationSex-Gender discrimination involves treating someone (an applicant or employee) unfavorably because of that person's sex or gender.Sex-Gender discrimination also can involve treating someone less favorably because of his or her connection with an organization or group that is generally associated with people of a certain sex or gender.Sex-Gender Discrimination & Work SituationsThe law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.Sex-Gender Discrimination & HarassmentIt is unlawful to harass a person because of that person's sex or gender. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex or gender. For example, it is illegal to harass a woman by making offensive comments about women in general.Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex or gender.Although the law doesn't prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.Sex-Gender Discrimination & Employment Policies/PracticesAn employment policy or practice that applies to everyone, regardless of sex or gender, can be illegal if it has a negative impact on the employment of people of a certain sex or gender and is not job-related or necessary to the operation of the business.

Age Discrimination Sexual HarassmentIt is unlawful to harass a person (an applicant or employee) because of that person's sex. Harassment can include sexual harassment or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person's sex. For example, it is illegal to harass a woman by making offensive comments about women in general.Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex or gender.Although the law doesnt prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Personal Injury

PERSONAL INJURY

When accidents happen, the disruption to our clients' lives need to be addressed immediately. We handle all types of serious general negligence – including but not limited to construction site accidents, car and truck accidents, defective sidewalks, defective pathways, defective streets and improperly maintained premises.

Construction Accidents and Premises Liability

We know the practical effects an injury has to a wage earner and we are zealous advocates of workers’ rights. Profit margins must not be prioritized before safety on a jobsite or other premises.

Auto Accidents

Auto accidents by their nature are unexpected and can be especially devastating to victims and victim’s' families. Negligent driving, poor road conditions, mechanical failures, or other acts that cause unalterable and dangerous behavior are among the many elements that create a collision.

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Law Firm of EAS

1040 6th Avenue, 24th Fl.

New York, NY 10018