- Workers CompensationThe New York and United States Departments of Labor, the Internal Revenue Service, the State's Workers Compensation Board and Department of Taxation and Finance increasingly scrutinize the classification of workers as Independent Contractors, often finding 'misclassification' and assessing interest, penalties and liquidated damages against Employers. If you hire workers as Independent Contractors, you would be well advised to have counsel conduct a classification audit of your workforce to minimize exposure to and/or avoid both assessments and the costs of legal defense.
- Employment DiscriminationMs. Mulligan is a vigorous advocate for employees aggrieved by unlawful employment discrimination; for those facing suspension or termination of employment, and for those who are denied the payment of proper wages, including overtime wages.
- Employment ContractPatricia M. Mulligan, Esq. has successfully negotiated hundreds of Employment Agreements for senior executives and workplace professionals in myriad industries, including finance, fashion and publishing. Employment Agreements set not only an employee's compensation and benefits, but often bind employees to post-employment restrictive covenants limiting their ability to work for competitors for agreed upon periods of time following the end of the employment relationship. Ensuring that these provisions are fairly balanced and comport with New York law is critical to avoid unnecessary litigation later. Employment Agreements can also set the terms for an employee's eventual separation from employment, providing for severance and related benefits upon termination of the employment relationship. These terms, negotiated at the dawn of a new relationship, provide the employee a greater sense of economic well-being and security, which, in turn, benefits all parties.
- Severance AgreementOften, when employment relationships end, an employer will offer the terminated employee a severance or separation agreement in exchange for, among other things, that employee's promise not to sue the Company. These Severance Agreements contain many critical terms, providing not only for severance and/or related benefits, but may also bind an employee to a non-compete covenant, thus restricting the former employee's ability to work in the same industry or geographic area. Such severance or separation agreements should be reviewed carefully before signing, as they are binding and may be enforced in court. Ms. Mulligan has reviewed hundreds of proposed Severance Agreements and has often successfully negotiated on behalf of her clients to secure enhanced severance and related benefits and to strike or limit overreaching non-competition clauses. In this context, Ms. Mulligan has also successfully negotiated with Companies to include payment of pro-rata bonuses and other incentive compensation as a term of the employee's severance or separation agreement. Termination of an employment relationship is a stressful event. Ms. Mulligan is an experienced Labor and Employment attorney who will work to ensure that your legal needs are met, while you manage your personal and professional future.
- Sexual HarassmentMs. Mulligan has held distinguished positions during her decades long practice in the area of Labor & Employment law including Director of Equal Employment Opportunity for the New York City Department of Correction, service on a New York City Mayoral Task Force on the Prevention of Sexual Harassment in the Workplace, and service on a Gubernatorial Round Table on matters of gender discrimination. Ms. Mulligan has also been called upon to testify before a U.S. Congressional Subcommittee examining the impact of attorney representation on cases pending before the New York State Division of Human Rights.
- Tax Law