An employment law firm on the worker’s side
Robert Wisniewski P.C. is a New York law firm that has represented workers against employers for more than 30 years. In employment and discrimination matters the firm represents employees only, never the company. Robert Wisniewski speaks Polish, so the first conversation about a case can take place with him personally in Polish. Consultations are free.
Unpaid wages and overtime
The firm has recovered unpaid pay for, among others, construction and roofing workers, janitors and cleaners, home care aides, restaurant workers and grocery store employees. Unpaid wages and overtime can be recovered going back up to 6 years. That applies even to workers without a work permit or green card, without copies of their checks, workers who were paid in cash, and workers who were fired for cause. A case can still go forward when the owner has closed the business or filed for bankruptcy. Overtime means hours over 40 in a week, paid at least time and a half. A worker who did not receive the required wage notice or pay stubs may be owed up to $5,000 more for each. The firm also handles class actions, in which workers from the same employer recover their pay together.
Tips and prevailing wages
A separate group of cases involves tips in restaurants — employers keeping tips or splitting them improperly — and prevailing wages, the rates required on public works under city, state and federal contracts.
Discrimination, harassment and sexual harassment
The firm handles discrimination, harassment and sexual harassment cases, including reverse discrimination, when a worker is treated worse by members of national minorities, as well as wrongful termination and retaliation, for example being fired after making a complaint. Under New York State and City law, discrimination and harassment claims can reach back up to 3 years; federal complaints have shorter deadlines, so it is best not to wait. A case can be brought even when there are no witnesses, or when coworkers know the truth but are afraid to testify.
Other matters
The firm also handles whistleblower cases — under the False Claims Act a whistleblower may receive up to 30% of the amount recovered — cases of workers replaced with H-1B visa holders, and commercial litigation. Robert Wisniewski also advises people starting and running a business in the U.S.
Severance agreements
An employee aged 40 or older offered severance in exchange for signing a release usually has 21 days to decide and 7 days to revoke the signature. It is worth showing the document to a lawyer before signing.
Ready for trial
Many lawyers resolve cases only through settlement. When needed, Robert Wisniewski takes a case to trial.
Getting started
Call the office at 17 State Street in Lower Manhattan to schedule a free consultation. Bring whatever you have: dates of employment, hours worked, messages from your supervisor, pay stubs if you have them. Missing paperwork does not end a case, but every detail helps calculate it.
Attorney advertising. Prior results do not guarantee a similar outcome.
