For more than 20 years, Noah D. Lebowitz has represented employees exclusively in claims of workplace discrimination, harassment, retaliation, wrongful termination, and defamation.
Areas of Practice
DISCRIMINATION
The Law Office of Noah D. Lebowitz represents employees who have suffered adverse job actions (failure to hire, failure to promote, or termination) based on their race, sex, disability, medical condition, age, sexual orientation, gender identity or expression, national origin or religion. A recognized leader in the field of disability discrimination law, the Law Office of Noah D. Lebowitz can make sure you understand your right to reasonable accommodation in the workplace and protections from discrimination based on your disability or medical condition.
equal pay
The wage gap is real. Women, and women of color even more so, continue to earn a fraction of what men earn for equivalent work. California has some of the strongest equal pay laws in the country. Enforcement of these laws is a priority at the Law Office of Noah D. Lebowitz and we will work with you to ensure the wage gap is eliminated.
defamation
A reputation takes a lifetime to build, but only a second to destroy. False statements published (written or spoken) in the workplace can form the basis for a defamation claim. When those false statements form the basis for the termination of employment, a claim for defamation can recover lost compensation suffered as a result of the termination, as well as for reputational harm. The Law Office of Noah D. Lebowitz has extensive experience representing employees who have been defamed by supervisors and co-workers both during and after the termination of employment.
EMPLOYMENT AGREEMENT REVIEW & NEGOTIATION
At the beginning of employment, few people are thinking about their rights in case something goes wrong or the job turns out to not be the right fit. We can review your employment agreement and help you negotiate more favorable terms in the event of termination.
RETALIATION
Employees in California who object to their employer's unlawful conduct are protected from retaliation. Employees who exercise their rights in the workplace are also protected from retaliation. For instance, employees cannot be retaliated against for seeking a reasonable accommodation for their disability or religious observances, nor can they be retaliated against for seeking a medical leave of absence under the Family and Medical Leave Act or California Family Rights Act. The Law Office of Noah D. Lebowitz represents employees who have been retaliated against and whistleblowers.
reasonable accommodation
Employers in California with five or more employees must provide reasonable accommodations to employees with disabilities so long as the requested accommodation does not create an undue hardship for the company. Pregnant employees are similarly entitled to reasonable accommodations. The process for seeking accommodation is unfamiliar to most employees. Let us bring our two-plus decades of expertise in this area to help you understand your rights and obligations during this process, as well as your employer's obligations.
breach of contract
Some employees in California have employment contracts guaranteeing termination for for just cause only. Most employees in California, however, are considered at-will. Even those employees may have valid claims for breach of contract. For instance, compensation agreements like commission plans can form enforceable contracts. When companies fail or refuse to pay commissioned employees the commissions owed under those agreements, employees may pursue various claims against the company, including breach of contract. Noah D Lebowitz was lead counsel on one of the most important commission contract claims under California law: McCollum v. XCare.net, Inc.
HARASSMENT
Unlawful harassment in the workplace can take many forms. Sexual harassment and racial harassment are the most commonly understood forms. However, harassment based on any protected characteristic is also unlawful: disability, medical condition, age, sexual orientation, gender identity or expression, national origin, or religion. Unwanted comments by supervisors, co-workers, or customers based on any of the protected characteristics can be sufficiently severe or pervasive to create a hostile work environment. If you are experiencing any of these types of unwanted comments or conduct, you should contact an attorney immediately and seek a consultation to learn about your rights and about your employer's obligation to remedy the situation.
MEDICAL LEAVE
Many employees in California are entitled to up to 12 workweeks of protected leave of absence for a serious medical condition. The rules and regulations around these laws can be complex and confusing. We have extensive experience advising and representing individuals who find themselves lost in paperwork and regulatory requirements at a time where they are trying to focus on their health and recuperation. Let us help you through this confusing and stressful time.
SEVERANCE REVIEW & NEGOTIATION
Severance agreements often require employees to waive all rights to pursue claims against their former employer. We can help you understand the terms of any proposed agreement, negotiate revised language, and bargain for increased payment in exchange for that waiver.
