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Summary

Charles Joseph founded Joseph & Kirschenbaum LLP in 1997, after graduating from the NYU School of Law in 1990 and working for a large Wall Street firm. Joseph & Kirschenbaum is a boutique firm of five attorneys dedicated to helping employees win workers' rights claims. The firm relentlessly advocates for victims of illegal employment practices, with a track record of impressive legal victories. Joseph & Kirschenbaum is considered one of the leading plaintiff's employment firms in New York City.

Charles Joseph's team has recovered more than $120,000,000 for victims of employer wrongdoing, including wage theft, sexual harassment and employment discrimination.

Practice Area
  • Employment Law
Additional Practice Areas
  • Whistleblower law
  • Sexual Harassment
  • Discrimation Law
Fees
  • Free Consultation
  • Contingent Fees
    You pay nothing unless we are successful.
Jurisdictions Admitted to Practice
New York
District of Columbia Court of Appeals
U.S. District Court, Eastern Districts of New York
U.S. District Court, Northern Districts of New York
U.S. District Court, Southern Districts of New York
Professional Experience
Education
New York University
J.D.
Professional Associations
New York State Bar # 2434991
Member
Current
New York City Bar Association
Member
Current
National Employment Lawyers Association
Member
Current
Publications
Articles & Publications
A Lawyer’s Take: What Is Age Discrimination Anyway?
Top Resume
Websites & Blogs
Website
NYC Employment Attorney
Website
Client Reviews
Website
NYC Sexual Harassment Attorney
Blog
Employment Law Blog
Legal Answers
15 Questions Answered

Q. I was fired from my job 2 months ago and i believe i was discriminated against. What should I do?
A: New York is an employment-at-will state, meaning your employer does not have to have a reason to fire you. You can even be terminated for a bad or unfair reason. Termination is wrongful only if it was based on your protected status (race, gender, religion, age, etc.), but it is your burden to prove that was the reason. It is not enough that you believe or feel that was the reason. If, as you say, your employer terminated you because it believed lies told by your co-worker that you caused harm to another employee, that would be a non-discriminatory reason for your termination, making it difficult for you to bring an action against your employer for discrimination. However, employment law is very fact specific. If you believe your employer acted illegally, you should speak to an experienced employment attorney in your area to discuss the details of your particular situation. You can read more about the laws that protect employees at https://www.workingnowandthen.com/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. Can my job fire me for being pregnant with health issues?
A: It is illegal for your employer to take any adverse employment action against you based on your pregnancy or in retaliation for your request for leave under FMLA. If you work in New York City, unwarranted negative performance reviews may constitute an adverse employment action. Employment law is very fact-specific. You should speak to an experienced employment attorney as soon as possible about your particular situation. You can read more about the laws that protect you from pregnancy discrimination at https://www.workingnowandthen.com/new-york-discrimination/new-york-pregnancy-discrimination/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. The interviewer sexuall harassed me. Can I still sue even though I don't work at that company?
A: Sexual harassment includes all unwelcome sexual advances or behaviors in the workplace, even when you are not yet an employee of that company. If you were sexually harassed or discriminated against because of your gender during a job interview, it may or may not be severe enough to file a claim. Under federal and state law, the conduct must be pervasive or severe. However, New York City has a lower standard and the behavior only has to be more than a “petty slight.” If you believe you experienced sexual harassment during a job interview, you should contact an experienced employment attorney. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. Hello, I’m looking to file a lawsuit against the FDNY for the ongoing discrimination, assaults and mistreatment
A: Unfortunately, the information you’ve given in your question is not specific enough to determine whether you have grounds for a lawsuit. You should contact an experienced employment attorney in your area and discuss the particulars of your situation. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. Is it legal for a business owner to keep employee tips in New York state?
A: While your employer can require tipped employees to pool their tips, the tip pool can never include owners or managers. A valid tip pool also should not include employees who typically don’t receive their own tips, like dishwashers. If the owner is taking part of your tips, that is illegal, and you should contact an experienced employment attorney to discuss your options. You can read more about the rights of tipped employees at https://www.workingnowandthen.com/new-york-wage-theft/new-york-tips/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. How many hours must an employer allow between shifts on the same work day?
A: In general, neither federal nor New York state law mandate that workers be given any minimum amount of time off between shifts, but there may be regulations specific to your industry. For example, bus drivers, truck drivers and airline pilots must have off a certain number of hours between shifts. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
Q. I just had a job offer rescinded after a background check due to a criminal conviction. Case?
A: Once a conditional offer of employment has been made, the company may run a background check and rescind its offer based on its findings. However, the employer cannot run a background check without your written permission to do so. Under the Fair Chance Act, if the company rescinds the offer based on your criminal history, it must explain why in writing and connect the criminal record to your specific job duties or show it creates an unreasonable risk. The employer must provide you with a copy of any background check conducted. The law also requires that the employer hold the job opportunity open for 3 days so that you have time to discuss the issue and/or correct any erroneous information. As advised above, you probably should discuss your situation with an experienced employment attorney. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state
Q. I got unlawfully let go from my job at the end of march 2018. Could i still pursue this case or is it to late?
A: It is not too late to file a claim, but it’s important to act quickly. If your termination violated federal discrimination laws, you only have 180 days (about 6 months) from your termination to file a complaint with the Equal Employment Opportunity Commission (EEOC). You are not allowed to file a complaint in court until you have gotten a “right to sue” letter from the EEOC. If your termination violated New York state or New York City discrimination laws, you have one year from your termination to file a complaint with the New York State Division of Human Rights or the New York City Commission on Human Rights. Or you can skip filing with the state or city agencies altogether and take your claim directly to court. You have 3 years from the date of your termination to file a complaint in court. But first, you probably want to speak with an Employment Attorney about whether your termination was wrongful under the law and what action you should take.
Q. My supervisor yelled the "f" word toward me while she was with me on my mail route.is that work place harassment?
A: More facts are needed to determine whether you have a claim against your employer. Generally, you cannot sue you employer just because someone is mean to you. If your supervisor if unpleasant to everyone, or even if he or she is harsh with you in particular, because they dislike you for personal reasons, the law does not prevent that. There is no legal requirement that workers be treated with civility, kindness, or even respect. However, federal law does prohibit your employer from harassing you based on your race, color, gender, religion, national origin, age or disability. New York State and New York City protect additional characteristics. Also, if you were out on official medical leave, the FMLA prohibits your employer from firing you for exercising your right to take that leave. The laws protecting employees vary from state to state and city to city. It also looks as if you are coved by a collective bargaining agreement, which could give you some additional protections. You should contact an experienced employment attorney in your area to fully discuss the facts of your situation. You can read more about the laws protecting you from employment discrimination at https://www.workingnowandthen.com/. This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.
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