If you are an employee who was discriminated against, harassed, retaliated against, fired, or shorted on pay, or an employer facing a complaint or trying to prevent one, an employment lawyer in Albany, NY can tell you where you stand and what to do next. Toporowski Law provides comprehensive counsel to employers and employees alike, from collective bargaining agreements to allegations of discrimination and harassment, across New York from the Capital Region to the Hudson Valley to New York City.
We handle the full range of work: individual workplace disputes (employment law) and collective, union, and public-sector matters (labor law). That includes discrimination and harassment, retaliation and whistleblower claims, wrongful and constructive discharge, severance and separation agreements, wage and hour disputes under the New York Labor Law, non-competes and trade secrets, and labor proceedings including collective bargaining, grievance arbitration, and cases before the Public Employment Relations Board (PERB).
Because we work both sides of the table, we cannot represent both parties in the same dispute. We screen every new matter for conflicts before we take it on, so you know quickly whether we can work with you. We tell you that up front, and we tell you early when a matter is worth pursuing and when it is not.
Discrimination, harassment & hostile work environment
Workplace discrimination and harassment based on a protected characteristic are unlawful in New York. That covers race, color, sex, gender, pregnancy, sexual orientation, age, disability, religion, national origin, and more. These claims arise under the New York State Human Rights Law and federal laws including Title VII, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). If your workplace is in New York City, the New York City Human Rights Law often applies and tends to give employees broader protection.
We represent employees pursuing these claims and employers defending them. For employees, that means evaluating whether what happened is actually unlawful (not every unfair boss is an illegal one), preserving evidence, deciding whether to file with the New York State Division of Human Rights, the EEOC, or in court, and pressing for a resolution. For employers, it means investigating a complaint properly, fixing what needs fixing, and defending the company where a claim does not hold up. As a workplace harassment lawyer and discrimination attorney, the firm handles these matters, including hostile work environment claims, in both state and federal court.
A hostile work environment claim turns on specific facts about severity and frequency, and we will tell you candidly how yours looks. Deadlines for these claims are strict and vary by the law and forum involved, so talk to a lawyer early rather than late.
Retaliation & whistleblower claims
It is illegal to punish someone for asserting their rights or reporting wrongdoing. Retaliation can mean being fired, demoted, cut in pay or hours, reassigned, or frozen out after you complained about discrimination or harassment, requested an accommodation, reported safety or legal violations, or took protected leave. New York’s whistleblower protections under Labor Law section 740 were broadened in recent years and now reach a wider range of employees and disclosures.
A retaliation claim is independent of the underlying complaint and can survive even if that complaint does not, because the law protects the act of speaking up. The core question is usually timing and motive: what changed for you after you reported, and why. We help employees connect protected activity to an adverse action, and we help employers document legitimate, performance-based decisions so a routine personnel call does not turn into a lawsuit.
Wrongful & constructive discharge, severance & separation agreements
New York is an at-will state, so an employer can generally end employment for any reason that is not an illegal one. A firing tied to discrimination, retaliation, or a refusal to break the law can be wrongful termination. Constructive discharge is when conditions are made so intolerable that a reasonable person would feel forced to quit; on the right facts, the law can treat that resignation like a firing. As a wrongful termination lawyer, we assess these claims realistically and tell you where yours stands.
Most separations end in a severance and release agreement rather than a courtroom. We negotiate and review these for departing employees and executives (what you are giving up, what the package is worth, and terms like the release of claims, references, non-disparagement, and any continuing restrictions), and we negotiate for better terms where the facts support it. For employers, we draft and negotiate agreements that secure a clean, enforceable separation. Do not sign a severance agreement before someone explains what it actually waives.
Wage and hour disputes
You are entitled to be paid what the law and your agreement require. Wage and hour disputes include unpaid wages, unpaid or miscalculated overtime, off-the-clock work, misclassification as exempt or as an independent contractor, unpaid commissions, and improper deductions. These are governed primarily by the New York Labor Law, which in several respects is more protective of workers than federal law, along with the federal Fair Labor Standards Act (FLSA).
The New York Labor Law carries real consequences for violations, including liquidated damages and attorneys’ fees in many cases. We represent employees recovering pay they earned, and we advise employers on classification, pay practices, and wage-notice requirements so problems do not compound across an entire workforce. If you are an employer, an audit of your classifications and pay records now is far cheaper than a lawsuit later.
Non-competes, restrictive covenants & trade secrets
Restrictive covenants (non-competes, non-solicitation, and confidentiality agreements) sit at the line between employment and our commercial litigation work. New York courts scrutinize non-competes closely and will enforce only a restriction that is reasonable in scope, geography, and duration and that protects a legitimate business interest. An overbroad non-compete is often unenforceable, in whole or in part.
As a non-compete lawyer, we advise employees asked to sign these agreements, employees accused of violating one, and employers seeking to protect genuine trade secrets, client relationships, and confidential information, including through injunctions and litigation when needed. If you are weighing a job change against a restriction you signed, or worried a departing employee is taking your business with them, get a clear-eyed assessment before anyone acts.
Labor & collective bargaining
On the labor side, we handle collective and public-sector matters. That includes interpreting and enforcing collective bargaining agreements, filing and defending grievances, and representing parties in grievance arbitration before labor arbitrators. For public employees and public employers, we handle proceedings before the Public Employment Relations Board (PERB), including improper-practice charges and representation matters, along with civil service questions and employee disciplinary proceedings.
Founder Matthew A. Toporowski has handled labor proceedings under collective bargaining agreements and New York civil service law, including matters before PERB and before arbitrators, in addition to litigating employment cases in state and federal court. These forums have their own rules, timelines, and culture, and experience in them matters.
Employer counseling
Some of the most valuable work happens before a dispute exists. We counsel employers on employment policies and handbooks, hiring and termination practices, accommodation requests, and how to run a workplace investigation that holds up. Sound policies and a properly run investigation are often what keeps a complaint from becoming a lawsuit, and what helps defend the case if one is filed anyway.
Professional License Defense
If a New York State agency is investigating your professional license, your career and livelihood are on the line — and these are administrative proceedings with their own rules, not an ordinary employment dispute. We defend licensed professionals from the first investigative letter and interview, through the administrative hearing, and on any appeal. Which regulator you answer to depends on your profession: the Department of State’s Division of Licensing Services oversees home inspectors, real estate brokers and salespersons, appraisers, and notaries, while the State Education Department’s Office of the Professions oversees nurses and many other licensed professions.
Matt has represented licensed professionals — including home inspectors and health-care workers — in New York State licensing investigations, and as a licensed New York real estate broker he knows the inspection and real estate world from the inside. If you have received a complaint or an investigator has contacted you, talk to a lawyer before you respond: what you say early can shape the entire case.
Why Toporowski Law
Toporowski Law is led by founder Matthew A. Toporowski, a commercial litigator, former prosecutor, and former appellate law clerk. Matt litigates and tries cases in state and federal courts throughout New York, as well as in arbitration. He is admitted in New York and Pennsylvania. His work spans both sides of the workplace, including discrimination, harassment, and hostile-work-environment matters in state and federal court and labor proceedings under collective bargaining agreements and civil service law before PERB and arbitrators.
You work directly with the attorney handling your matter, not a rotating cast of associates. You get direct access and fast responses, and a straight answer about your options, including when a negotiated severance or settlement is a better outcome than a trial.
Because we represent both employers and employees, we know how the other side thinks. We are based in Albany and serve clients across New York, from the Capital Region and the Hudson Valley to New York City, and we run a conflicts check on every new matter before taking it on.
Frequently Asked Questions
Do you represent employees or employers?
Both. We provide counsel to employers and employees alike, from collective bargaining agreements to discrimination and harassment claims. Because we work both sides, we cannot represent opposing parties in the same dispute, so we screen every new matter for conflicts before taking it on. Reach out and we will tell you quickly whether we can help with yours.
Was my termination wrongful, or just unfair?
Maybe wrongful, maybe just unfair. New York is an at-will state, so most terminations are legal even when they feel unjust. A firing becomes legally wrongful when it is discriminatory, retaliatory, breaches a contract, or makes conditions so intolerable that quitting amounts to a constructive discharge. The facts and timing matter, so it is worth having a lawyer review what happened before you assume the answer either way.
Should I sign the severance agreement my employer gave me?
Not before someone explains what it waives. A severance agreement is a contract that usually requires you to give up your right to sue in exchange for a payment, and the terms are often negotiable, including the amount, references, non-disparagement, and any ongoing restrictions. We review and negotiate these for employees and executives, and draft them for employers who want a clean, enforceable separation.
What is PERB, and do you handle public-sector labor matters?
Yes. PERB is the New York State Public Employment Relations Board, the agency that administers labor relations for most public employees and public employers, including improper-practice charges and union representation issues. We handle matters before PERB, along with collective bargaining agreements, grievances and grievance arbitration, civil service questions, and employee disciplinary proceedings.
Talk to an Employment & Labor Lawyer
Tell us what happened, and we will tell you plainly where you stand and what your options are. Whether you are an employee facing a problem at work or an employer trying to resolve or prevent one, we will give you a direct read from the attorney actually handling your matter. Schedule a consultation to get started.
Attorney Advertising. This website is for general information only and does not constitute legal advice or create an attorney-client relationship. Prior results do not guarantee a similar outcome. Toporowski Law, PLLC, 150 State Street, Albany, NY 12207.
From our blog: Is New York an At-Will Employment State?
