The Cimino Law Firm, PLLC

Divorce Lawyer in Rochester, NY Dedicated Rochester Divorce Lawyer With Over 20 Years of Experience Going through a divorce is more than a legal procedure. It is emotional for all involved, and the team at The Cimino Law Firm understands that. Along with representing our clients, we are here for each person we serve on an emotional level. While we cannot completely alleviate the stress of a divorce, our Rochester divorce lawyer will provide a combination of sound legal advice and essential emotional support. Learn more about the divorce process and then contact us for a free phone consultation. Grounds for Divorce in Rochester You have seven options for grounds when filing for divorce in New York. Before 2010, all divorces filed were at-fault, which meant that the filing party had to place blame on the other party for the breakdown of the marriage. Fortunately, that changed in 2010. Now, you can file a no-fault or at-fault divorce. With more than two decades of experience, Rochester divorce lawyer Michelle Cimino can help you choose the appropriate grounds for divorce for your unique situation. What Is Irretrievable Breakdown – No-fault Divorce? If your marriage has broken down and no person was at fault, you can file a divorce on the grounds of an irretrievable breakdown in the relationship. You must meet the specific criteria for filing for this divorce. Your divorce must have been broken down beyond the point of repair for a minimum of six months. Before the court grants the divorce, you also need to settle: Property Debts Child custody Visitation Spousal support Child support At The Cimino Law Firm, we can help you negotiate these arraignments before filing for divorce. This is usually the most difficult and important part of divorce proceedings, so having an experienced Rochester divorce lawyer by your side is critical. Why Choose A Divorce Lawyer at The Cimino Law Firm? Choosing the right Rochester divorce lawyer is the most crucial step in filing for divorce. The Cimino Law Firm stands out as a leader in Rochester and the surrounding areas. First, we understand that you are worried about the cost of divorce. To mitigate the cost, we offer free phone consultations. You will speak to an experienced family law attorney during the meeting and get a better idea of how to move forward with your case. Our experience is also worth noting. While some law firms are just starting, we have worked in family law for more than 20 years. We also understand how difficult it is to fit trips to the lawyer into your busy schedule. That is why we have two convenient locations. You can visit our office and schedule a consultation with a divorce lawyer in Rochester or Webster, NY. Going through a divorce is emotionally draining, and it can be financially painful as well if you do not have proper representation. Instead of filing yourself, contact The Cimino Law Firm. Our Rochester divorce lawyer will represent your best interests in the divorce proceedings. With our help, you can finally put this moment in time behind you. Divorce might be painful, but we mitigate the pain with compassionate services and legal expertise.

High Net Worth Divorce Attorney in Rochester, NY Dedicated Rochester High Net Worth Divorce Lawyer With Over 20 Years of Experience Divorce is stressful for all couples, but those with a high net worth face additional obstacles during the process. If you are going through a high net worth divorce, you are worried about various factors, including the division of the marital property, your privacy, and losing control during the proceedings. Michelle Cimino of The Cimino Law Firm has worked with high net worth couples for more than 20 years. During that time, she has helped them successfully navigate the process while reaching the desired outcome. From helping with the emotional strain of the proceedings to successfully negotiating on behalf of her clients, going through a high net worth divorce is much easier with The Cimino Law Firm on your side. Learn more about how The Cimino Law Firm can help you by calling for a free consultation for your high net worth divorce. Marital Property and High Net Worth Divorces – Declaring and Valuing Property Asset distribution is one of the most complex aspects of a high net worth divorce. Couples with a high net worth often have an abundance of assets, including: Multiple homes Investment in real estate Motor vehicles Private watercraft Businesses Stocks Retirement assets Collectibles All of the assets must be declared and valued. The marital property is included in the divorce, while separate property goes directly to the person who purchased it. Investigating Hidden Assets During a High Net Worth Divorce During the declaration and valuation stage, it’s also essential to investigate to see if the other spouse has hidden assets. This is a common issue in a high net worth divorce. The other party might hide money in offshore accounts or under a relative’s name. Money can even be hidden under a business name. This is quite complex, but a forensic accountant can find all the money. This is necessary for fairly dividing the marital property. Our law firm will investigate to ensure that all property and assets are accounted for during your high net worth divorce. How Is Property Distributed? New York follows the law of equitable distribution regarding marital assets. That does not mean that property will be split equally, though. The courts consider various factors when dividing the property, such as length of the marriage, needs of each spouse, the amount each spouse contributed to the property, and the custody arrangement. You can also negotiate with the other party and split the property without the courts intervening. This might seem like an impossible task, but The Cimino Law Firm can handle this for you. What is Spousal Maintenance? Spousal maintenance, or alimony, is another high-stress issue in a high net worth divorce. Often, one spouse stays home to raise the children while the other spouse makes money. In other cases, one spouse makes significantly less money than the other spouse and wants to maintain the same lifestyle after the proceedings are over. The courts look at different factors to determine if one spouse is eligible for alimony. These factors also help the courts determine how much the other party should receive. The factors are: Length of marriage Spousal contributions to homemaking duties Earning potential Reduced earning abilities Mental and physical health Many high net worth couples are unhappy with the support orders issued by the courts. Couples realize there are other factors to consider when determining the amount of alimony one spouse should receive. The Cimino Law Firm can negotiate on your behalf or mediate the proceedings for you. With our help, you can protect your interests or get the money you need. The Cimino Law Firm Is Here for You Divorce is one of the most stressful times in a person’s life. It is difficult to dissolve a marriage that once brought you so much joy. With more than two decades of experience in family law, Michelle Cimino of The Cimino Law Firm is adept at helping clients deal with emotions as they arise. At the same time, she will help you navigate through the legal process. Whether you decide to go to mediation or litigate the case in court, she will be by your side. Privacy is of the utmost concern to you, and you don’t even have to leave your home to begin the process. The Cimino Law Firm offers free phone consultations, so you can begin by picking up the phone. During the meeting, you will provide information about your divorce. A dedicated Rochester high net worth divorce attorney will help you determine the best strategy for moving forward. Next, you will need to come to one of our offices to sign the paperwork and begin the legal process. We are located in Rochester, NY, and Webster, NY, making it easy to stop by. Divorce is stressful on your own, but when you choose The Cimino Law Firm, some of your stress will melt away.

Military Divorce Lawyer in Rochester, NY Dedicated Rochester Military Divorce Lawyer with Over 20 Years of Experience Military divorce rates are high for a myriad of reasons. Military couples experience more stress than civilian couples do. The time away, the stress of combat, and lack of routine puts these marriages in peril. If you are one of the many military couples considering divorce, you want to know how to move forward. How can you make it through the proceedings? The Cimino Law Firm has more than two decades of experience handling military divorces. We understand both federal and New York laws that govern these divorces. Also, due to our experience, we understand the complexity of the emotions that you are going through. We will be your legal team and your confidant as you make it through this difficult time. Call us today for a free phone consultation regarding your divorce. How Are Divorce Papers Served in a Military Divorce? Many civilian spouses wonder how they can give divorce papers to an active-duty member of the military. Is it possible to begin the divorce proceedings when the military spouse is serving outside of the state of New York? The Soldiers and Sailors Civilian Relief Act (SCRA) allows active-duty military members to postpone divorce proceedings while on active duty. That postponement continues for 60 days after the tour of duty ends. Civilians can serve active-duty military personnel with divorce papers, but the military spouse has the right to postpone the proceedings if he or she desires. In cases of an uncontested divorce, the active-duty member can submit a waiver affidavit. This will allow the divorce to move forward. In all other cases, though, the civilian spouse needs to wait for the active-duty serviced member’s tour to end to begin divorce proceedings. How Is Child Custody Handled in a Military Divorce? Child custody is one of the most challenging things our clients deal with during a military divorce. This is a concern for both the civilian and the military spouse. Many people feel better after they understand the laws that govern child custody in military divorces. An active-duty military member’s legal team can use SCRA to prevent the judge from determining child custody while on duty. While SCRA prevents the judge from making permanent custody orders, he or she can still make a temporary order for child custody. Then, when the active-duty service member’s tour ends, the judge can determine a permanent custody arrangement. How Is Spousal Maintenance and Child Support Handled in a Military Divorce? Spousal maintenance and child support are essential facets of any divorce. There are special provisions regarding these payments in military divorce cases, though. The combined payments cannot be more than 60 percent of the military personnel’s pay. Our legal team will help you calculate how much you will have to pay or what you can expect to receive, depending on your situation. How Are Military Benefits Handled in a Military Divorce? Military benefits are a complex aspect of military divorce. The Uniformed Services Former Spouses Protection Act (USFSPA) states that the federal government will only divide and distribute military pensions if the couple has been married for at least 10 years while the military personnel was in active-duty. Many people get confused by this law. They think they are not entitled to any of the military personnel’s pension due to the length of their marriage. However, the law does not prevent people from getting any of the pension. It merely means that the government will not distribute it. If the civilian spouse is entitled to some of the pension, the military spouse will have to pay it directly. The Cimino Law Firm can help this process go smoothly. From determining the amount owed to arranging the payments, we can take the stress out of this process. What Are The Grounds for Divorce in a Military Divorce? Grounds for a military divorce are the same as grounds for a civilian divorce. As with other divorces in New York, you can file for a no-fault or fault divorce. Many of our clients choose a no-fault military divorce based on the irretrievable breakdown of the marriage. You can file for this if your marriage has been broken beyond repair for at least six months. Before the court grants the divorce, you have to settle all aspects, including the division of property, child custody, and spousal support. The Cimino Laws Firm can help you with this process.

Same-Sex Divorce Lawyer in Rochester, NY Dedicated Rochester Divorce Lawyer Helping Domestic Partners Navigate Same-Sex Divorce in New York When you said, “I do,” you thought it would be forever. You put all you could into your marriage, but now, you realize that it is not going to work. You’re nervous about the divorce process and require the best representation for your needs. The Cimino Law Firm has more than 20 years of experience handling divorce cases in New York. That includes same-sex divorce cases since marriage equality became the law of the land in 2011. Over the years, we have helped our clients navigate the difficult emotions they experience while protecting their interests. From filing for divorce to helping with child custody, child support, and the division of assets, we will be by your side every step of the way. What Are The Grounds for Divorce in New York? You can file for a no-fault or fault same-sex divorce in New York. If you are unsure of which option to choose, The Cimino Law Firm can help. No-fault Divorce Many of our clients file for a no-fault same-sex divorce based on the irretrievable breakdown of the marriage. With a no-fault divorce, no one has to place or take the blame. The union did not work out, and that is the reason it is ending. The court will grant a no-fault divorce when two conditions have been met. First, the marriage must have been broken for at least six months. Second, the couple must determine child custody, visitation, spousal and child support, and visitation rights beforehand. The division of debts also must be settled. If your marriage has broken down, settling the aspects of the divorce can be difficult. Fortunately, The Cimino Law Firm can handle the negotiations on your behalf. We can work with your spouse’s lawyer or mediate the proceedings. Divorce After Separating – The Earlier Version of the No-fault divorce New York only started offering the no-fault divorce option in 2010. Before that, it had two options that were similar to no-fault divorces, and both options are still available today. You can get divorced one year after creating a legal separation agreement or one year after a judgment of separation. While both are valid ways to get divorced, few people use these methods any longer now that they can get a no-fault divorce within six months of the marriage breaking down. Fault Divorces While no-fault divorce is the easiest on couples, fault divorces are a viable option for many spouses. If one spouse has committed egregious behavior, the other spouse could get more in alimony. It can also help with child custody, the division of assets, and other issues. The grounds for fault divorces in New York are: Cruel and inhuman treatment Abandonment Imprisonment Adultery Child Custody Child custody often takes center stage during the same-sex divorce. Children are often brought into these relationships through surrogacy, in vitro fertilization, or adoption. Even if one partner carried the child or donated sperm, New York recognizes both persons as legal parents. However, sometimes, one partner has a child from a previous relationship and brings that child into the marriage. The other person may have parented that child for years, but will not be viewed as a legal parent unless he or she adopted the child. The person might still be eligible for visitation rights, though. In all cases of child custody, the court determines the “best interest of the child.” That often means the parents split custody. The Cimino Law Firm can fight for your child custody rights during your same-sex divorce. We can also mediate a settlement between you and your partner. During mediation, you will have the chance to complete a child custody agreement that will please both of you. How Is Child Support Handled in a Same-sex Divorce Case? Once child custody is determined, it is time to consider child support. The custodial parent is entitled to child support to help raise the child. In the case when the earnings are similar, and the parents have shared custody, child support will not likely be part of the same-sex divorce process. However, when one parent makes considerably less money or has the child more often, he or she will be entitled to child support. The courts use a formula to determine child support. It begins by combining the income of both parents. Then the income is multiplied by a percentage based on the number of children the couple share. The salary multiplied by the percentage is the annual cost of raising the children. If the noncustodial parent makes 70 percent of the shared income, he or she will pay 70 percent of the yearly cost of raising the child. Parents aren’t always pleased with the court’s formula for determining child support. Many choose to go through mediation to create an agreement. The Cimino Law Firm can help in court or with the mediation process.

Divorce Mediation in Rochester, NY Experienced Rochester Divorce Lawyer Assisting Clients Through The Divorce Mediation Process The idea of litigating a divorce causes some people to wake up in a cold sweat each night. Ligation can be expensive and adversarial, and the judge has the final say. The loss of control is too much for some people to bear. Fortunately, there is a solution to this problem. Divorce mediation is often more affordable, and instead of being adversarial, the two parties work together to reach an agreement. The divorcing parties have the power in these proceedings instead of a judge. Choosing the right mediator is critical for the process to be a success. Michelle Cimino of The Cimino Law Firm has more than two decades of experience handling divorce cases in New York. She can work in collaboration with mediators so you can reach an agreement without the stress of court. How Does Divorce Mediation Work? A divorce mediator is a neutral party. The attorney will not work on behalf of one client while ignoring the needs of the other. Instead, our mediator will help both parties agree to the terms of the divorce. These issues include: Distribution of property and assets Distribution of debt Child support Custody agreements Spousal maintenance The mediator will facilitate the discussion for each issue, ensuring that the parties don’t get off-topic. Also, while the mediator cannot provide legal advice, he or she can go over New York’s laws. For instance, the mediator can explain how much spousal support the courts would likely grant or how the assets would be divided. This gives both parties insight into what they could expect if they went to court. It also makes it easier to come to an agreement during the divorce mediation process. While the mediator provides legal information, the divorcing parties have control regarding their decisions. Mediation is not binding, so no one is forced to make a decision or agree. However, couples typically come to an agreement for all issues related to the divorce. Couples usually meet at least three times with the mediator to work through the issues. However, some cases take eight or more meetings. Each meeting brings couples closer to the goal of agreeing on their divorce. While the amount of time it will take differs from one client to the next, mediation has four stages. Information Gathering and Mediation Strategy The first meeting creates a basic foundation for the mediation proceedings. During this stage, you will provide the mediator will the issues of your divorce. For example, if you have children, you would discuss child custody and child support. If the other spouse is the sole breadwinner, you could also discuss spousal maintenance. You will also need to bring financial statements such as tax returns with you during this meeting. It is critical to bring all pertinent information. If more time is needed for appraisals, a second information-gathering session will be needed. After going over the information, the mediator will create a divorce mediation strategy. This strategy will be based on the relationship between the two parties and the issues of the divorce, such as child custody. The mediator will create an agenda based on the strategy and also make a summary of the finances. Needs and Interests After gathering the relevant information, the parties will need to go through the needs and interests stage of the divorce mediation process. Both parties will have an idea of what they want out of a divorce settlement. For instance, one person might want the house while the other chooses the bank accounts. Both parties also might want physical custody of the children. During the needs and interests stage, each party explains what they want in the agreement. The mediator will look for areas where the needs and interests overlap. For example, both parties usually want what is in the best interest of the children. When this happens, it is often easier to find a compromise. However, divorce mediation can work, even when the interests don’t overlap. After looking at the needs and interests, the mediator can determine the goals of the mediation. The mediator and both parties will work toward those goals during the divorce mediation process. Negotiation Mediation is about compromise, so the negotiation stage is very important. The mediator can present options to both parties, but he or she cannot offer legal advice. The spouses look at the various options presented and choose how to move forward. During the negotiation, the mediator reminds people of their most important needs and interests. In many cases, both parties can get their needs and interests met by comprising on issues that are less important to them.

Fathers Rights Lawyer in Rochester, NY Experienced Rochester Divorce & Family Law Attorney Advocating for Fathers Rights for over 20 Years Going through a divorce is difficult for everyone involved, but fathers face specific challenges. The legal system often favors the mother, leaving fathers with weekend visits that aren’t good for the parent or the children. The Cimino Law Firm has fought for fathers for more than two decades. As fathers’ rights advocates, we will help you get a custody agreement that is best for everyone involved, not just the mother. We know that fathers and their children have special bonds, and New York law is on your side. Call the Cimino Law Firm today to schedule a free consultation, so you can learn more about fathers’ rights and how we can protect them. Child Custody and Fathers’ Rights in New York New York courts base child custody on the “best interests of the child.” The courts are not allowed to consider gender when determining custody. That means that fathers have as much right to custody as mothers do. Still, fathers face challenges when fighting for custody. That’s why it’s critical to have a legal team at your side, fighting for your rights. What Factors Determine Child Custody? The courts analyze various factors to determine the best interests of the child. These factors include but are not limited to: The strengths of both parents The weaknesses of both parents The overall physical and mental health of the parents The primary caregiver before the divorce proceedings Work schedules (long hours, weekends, etc.) The court also considers the child’s preference as long as he or she is old enough to make a decision. However, while the child is welcome to state his or her preference, the court will not base its decision on child preference alone. It weighs it along with other factors. After looking at the factors, the court can determine both legal and physical custody. Parents often receive joint custody of the child. However, the court might award primary custody to one parent and visitation to the other. Are you concerned about receiving child custody? Are you afraid that the courts will break the bond between you and your child? A father’s bond with his child is very important, so don’t try to fight for custody on your own. With over 20 years of experience, Michelle Cimino and the Cimino Law Firm is the right choice for fighting for your fathers’ rights. What Are Fathers’ Rights for Child Support? Almost 20 percent of custodial parents are fathers. Unfortunately, men are less likely to make legal or informal child support agreements. Less than 40 percent of custodial fathers have formal or informal agreements in place. Child support is a critical component of raising children. If you are a custodial father, the entire financial burden of raising your child should not fall on you. The Cimino Law Firm can help you create a child support agreement, so you can receive monthly payments. We have two options for creating a child support agreement. Many of our clients prefer to go to mediation. As the neutral mediator, we will help you and the child’s mother negotiate a child support agreement. We will begin by calculating the assets of both parties as well as the custody agreement. We will oversee the negotiation to ensure the amount is fair to you, the mother, and, most importantly, the child. Once an agreement is in place, we will formalize it in the court system. Then, the mother will have an official court order that states how much she must pay each month. If you cannot agree in mediation, we can take the case to court. Unlike mediation, the mother and father do not get to negotiate in court. The court determines the amount of support through a formula. To begin, the court combines the incomes of both parents. Then, the income is multiplied by a percentage based on the number of children the couple shares. The percentage is: 17 percent for one child 25 percent for two children 29 percent for three children 31 percent for four children 35 percent for five or more children The court divides the amount by two. That is the amount that each parent should contribute to raising the children. Then, the court looks at the amount the non custodial parent makes. In this case, if the mother makes 40 percent of the income, she will need to pay 40 percent of the cost of raising the child. The court does have some discretion if the combined income is more than $148,000. The court might award the custodial parent even more money in this case. The courts don’t look at gender when determining child support payments. Instead, the courts analyze the amount of money it takes to raise a child and how much each person should contribute.

Child Support Lawyer in Rochester, NY Experienced Rochester Child Support Lawyer Helping You Understand Your Rights To Financial Support Child support is one of the most important aspects of any family law case in New York. Child support payments are used to provide for the children when the parents no longer live together. We take support cases very seriously. Just like you, we want what is best for your children, and we are here to help. The Cimino Law Firm has worked on both sides of child support cases. We have helped custodial and noncustodial parents, and in each case, we fight for what is fair for the children and our clients. If you need help with a child support case, contact an experienced Rochester child support lawyer at our firm for a free phone consultation today. Who Can Collect Child Support Payments? The custodial parent is eligible for child support to help raise the child. If the parents have shared custody of the child, one parent still might be entitled to child support if the other parent makes substantially more money. Some cases involve unmarried parents. If the mother is the custodial parent, the father might deny paternity to avoid paying child support. A paternity test might be needed to establish paternity. The court can order a DNA test to ensure that the man is the father. If he is, he will have to pay child support. The father can also request a paternity test to establish paternity. This is done to get visitation or custody rights. How Are Child Support Payments Calculated? Parents have two options for creating an order for support. First, they can go through mediation and create an agreement. The Cimino Law Firm can act as a neutral mediator in these cases. Once the order is completed, the law firm can submit it to the court to make it official. Then the noncustodial parent will begin making payments. Second, parents can let the courts decide. The court uses a formula for determining the amount of support. The court combines the income of both parents. When the income falls below $148,000 a year, it multiplies it by a percentage based on the number of children. It is 17 percent for one child, 25 percent for two, 29 percent for three, and 31 percent for four. If the parents have five or more children, the percentage is 35 percent or more. This is considered the yearly cost of raising the children. Then the court splits the amount between both parents to determine how much each person should pay. If a noncustodial parent makes 30 percent of the combined pay, he or she will be expected to pay 30 percent of the costs. If he or she makes 70 percent of the income, he or she will be expected to pay 70 percent of the costs and so on. If the combined pay is greater than $148,000, the courts have some leeway determining child support. The court can use the same formula or its own. It can also choose to use the method for income below the income cap. That means the extra income will not be considered for the child support order. With so many complexities, it’s wise to hire a family law attorney. Even though the state uses a percentage, other factors, such as private school and medical conditions, can be taken into account. Having proper representation is critical during this process. What Are Temporary Orders? Parents can also get temporary child support orders when going through a divorce. This order allows the custodial parent to receive payments while the divorce is pending. Judges often use the standard formula when determining temporary orders. The interim order can be made permanent once the divorce is finalized. However, those with temporary orders still have the right to negotiate child support payments through mediation. If that occurs, the interim order will not become permanent. Instead, once the divorce is finalized, the court will accept the agreed-upon order. Then that will become the final order for child support. Can You Appeal An Order? Those who choose to go to court and are unhappy with the order have the chance to appeal it. To do so, the dissatisfied party must file an objection with the court within 30 days of the ruling. The judge has three options when a parent objects to a support order. He or she can change the ruling, send it back to the court, or leave it as it is. Either party has the right to appeal the judge’s decision to a higher court. Can You Modify A Child Support Order? It is possible to modify a child support order if you or the child’s other parent has experienced a significant change in circumstances. Modifications can increase or decrease the amount of support paid, depending on the situation. Examples of significant changes in circumstances include: Job loss Serious illness Job promotion Loss of housing. The person who wishes to modify the agreement must prove the circumstances require a new order.

Child Custody Lawyer in Rochester, NY Experienced Rochester Child Custody Lawyer Helping Families Move Forward After Divorce Child custody disputes are among the most contentious and stressful in family law. Going through a divorce is difficult enough, but determining custody makes the entire process much more stressful. You want what is best for your child, and that means ensuring that he or she has the right custody arrangement. The Cimino Law firm has over 20 years of experience in child custody cases in the state of New York. Our Rochester law firm can help you get a custody arrangement that is in the best interest of your child. We understand this is a complicated process, but we will be by your side every step of the way. What Are The Types of Child Custody? Many parents are surprised that there are various types of child custody in New York. We will talk with you to determine the type of custody you need for the well-being of your child. Physical Custody Physical custody refers to the parent with which the child stays. If a parent receives sole physical custody, the child will live with the parent full time or most of the time. The non-custodial parent might get visitation rights, but the child’s home base will be with the parent who received full physical custody. Legal Custody Legal custody refers to the right to make decisions that impact the child. Examples include selecting a school, choosing (or not choosing) a church, and determining medical care. If a parent has sole legal custody, he or she makes all of these decisions without having to consider the input of the other parent. Joint Custody Joint custody is often awarded in New York. Joint custody means that both parents split legal and physical custody. Even with joint custody, it’s not unusual for the child to spend slightly more time with one parent. However, joint physical custody is usually close to 50-50. Temporary Custody An order for temporary custody is normally granted during the divorce proceedings. Divorces take time to finalize, so a temporary custody order is put in place to protect the child. Many parents ignore the importance of temporary custody orders. However, temporary custody orders are often used when determining permanent custody. For instance, if one parent gets sole custody during the divorce, he or she is more likely to get permanent custody afterward. The Cimino Law Firm helps our clients during this process as well to ensure they are on a sound footing as they move through the divorce proceedings. What Is Child Visitation? When a parent is not granted sole custody, an order for visitation is needed. Parents often agree to a visitation schedule, but if not, the court will decide. If the parent is unstable or a danger to the child, supervised visitation will be ordered. However, if this is not the case, the court will order unsupervised visitation. This will allow the non-custodial parent to have the child for overnight visits. The courts are more flexible with visitation rights than they were in the past. Years ago, visitation usually meant weekend visits. Now, if the child is safe with the parent, the court is likely to order regular visits. The Cimino Law Firm understands that parents need to spend meaningful time with their children. They do not just visit them. They parent them. They teach them and raise them, even if they are not the sole physical caregiver. That is why we fight to help parents receive a visitation schedule that will help the child’s growth, development, and well-being. On the other hand, if your spouse is a danger to your child, we will work to protect him or her. Everything we do is in the best interest of the child. How Is Custody Determined? Our legal team can help you mediate a custody agreement. However, if you are unable to reach an agreement or feel that your child will be in danger, we will present evidence to the court. Then the court will determine the custody order. New York courts determine child custody based on the best interest of the child. To do this, the court analyzes various aspects of the arrangement. These include: The strengths and weaknesses of both parents Each parent’s ability to provide for special needs, if applicable The physical and mental health of both parties Charges of domestic violence, if applicable Work schedules Childcare plans The child’s relationship with other members of the family The relationship between the parents The child’s primary caregiver before the divorce The child’s preference Child preference is one of the most confusing aspects of child custody law. There is a myth that the child can choose which parent to live with after reaching the age of 13, but this is not true. However, the court does give weight to the child’s preference, as long as the child is old enough to make a decision.

Alimony Attorney in Rochester, NY Dedicated Rochester Divorce Lawyer Assisting Men & Women With Alimony & Spousal Support Matters Alimony is one of the most important aspects of a divorce proceeding. Whether you pay spousal support or you receive a monthly award, the decision will have a significant impact on your finances. Getting the proper legal representation is critical during this process. With our help, you can agree with your spouse or provide the courts with the necessary evidence so the judge can make a fair and sound decision. Schedule a free consultation with our firm today to learn more about how we can represent your needs in the proceedings. What Are The Types of Alimony in New York? Many of our clients believe that there is only one type of alimony in New York. The lack of understanding causes them to get less than they are entitled to or pay more than they can afford. There are five types of alimony in New York, and our firm has experience in handling each one. Pendente Lite (Temporary) Alimony Pendente lite alimony is temporary spousal maintenance. This alimony is awarded and paid when the divorce is still pending. The money helps the spouse make it through the divorce proceedings. Once the divorce is finalized, the support payments stop. However, the recipient might be entitled to another type of alimony once these payments end. Post-divorce Maintenance Post-divorce maintenance is the other type of alimony. The two parties can arrange for the length of the alimony payments, or the courts can decide. The alimony can also be terminated before the agreed-upon or ordered date in certain circumstances. Post-divorce maintenance payments are terminated if one of the spouses passes away or when the spouse receiving the payments remarries. The court also might stop the payments if the spouse receiving the money lives with a romantic partner, even if the two are not married. Rehabilitative Alimony Often, one spouse stays at home during the marriage but wants to enter the working world after the divorce. This is difficult to do if the spouse doesn’t have the necessary training. Rehabilitative alimony makes this much more manageable. The money is paid while the spouse goes to school or embarks on a new career. Once the spouse is back on his or her feet, the payments stop. Restitutional Alimony One spouse often supports the other while he or she goes through school or gets the training needed to get into the job force. Restitutional alimony is awarded as repayment to the spouse who supported the other during this time. This is a temporary award. Permanent Alimony New York does award permanent alimony in some cases. This means the recipient will receive payments until his or her death. The court awards permanent alimony in instances when the payee is ill or elderly and cannot support himself or herself. How Long Does Alimony Last? Temporary, rehabilitative, and restitutional alimony have precise lengths. For example, temporary alimony only lasts until the divorce is finalized, and a new order (if applicable) is in place. Rehabilitation alimony is paid while the husband or wife goes through school or transitions to the working world. Restitutional alimony payments are based on the amount of time and money the partner invested in the other. Post-divorce maintenance is a little more complicated. If it’s left to the courts to decide, the judge will use a formula to determine the length of post-divorce support. If the couple was married for 15 years, alimony lasts for 15-30 percent of the length of the marriage. If the marriage lasted 15-20 years, the receiving spouse could expect to get alimony for 30-40 percent of the length of the marriage. For marriages that lasted over 20 years, payments are typically ordered to continue for 35-50 percent the length of the marriage. Payments are terminated once the date in the order is reached. How is the Amount of Pendente Lite Maintenance Determined? Rochester’s court system uses a formula to calculate pendente lite maintenance payments. For step one, the court subtracts 20 percent of the petitioner’s income from 30 percent of the potential payer’s income. For step two, the court multiplies each side’s income by 40 percent. Then, the court subtracts the income of the spouse who is petitioning for temporary relief. Finally, the court looks at the figures from step one and step two. The lower amount will be awarded to the petitioner for temporary maintenance. How is Eligibility and the Amount of Post-divorce Maintenance Determined? The court considers several factors when determining eligibility and the amount of alimony for post-divorce maintenance. After examining the elements, the court issues an order with the amount. Length of Marriage Courts look at the length of the marriage when coming up with an amount of alimony.

Paternity Lawyer in Rochester, NY Experienced Rochester Family Law Attorney Helping Parents Establish Paternity in New York In the state of New York, paternity must be established when a child is born to unmarried parents. That means if you have a child with your unmarried partner, you will have to establish paternity for the father to be legally recognized. This is important for both mothers and fathers. Mothers need to establish paternity to receive child support, and fathers must establish paternity to get custody or visitation rights. Also, establishing paternity can help the father build a relationship with his child. This might sound like a confusing process, but The Cimino Law Firm can walk you through it. We have helped mothers and fathers establish paternity for more than 20 years, and we are here to help you as well. It all begins with a free phone consultation. Call us today to find out more about establishing paternity in New York. What Is Acknowledgment of Paternity (AOP) ? – When Both Sides Agree If you and your partner are not married and have a child, you can sign and submit an AOP. This form establishes paternity. The father’s name is then put on the child’s birth certificate. Unfortunately, some fathers sign AOPs, only to later realize they are not the father. The AOP can be vacated within 60 days of filing. Sometimes, though, the father does not realize the child is not his until the 60 days have passed. The AOP can still be vacated at that point, but it must be on the grounds of duress, a material mistake of fact, or fraud. It is critical to have legal counsel at your side if you need to vacate an AOP. This will help you reach the desired outcome. How To Petition the Court to Establish Paternity? When there is not an AOP in place, the parents must go to court to establish paternity. During the case, the mother and father can agree to acknowledge paternity. In most cases, though, the court orders a DNA test to establish paternity. DNA testing is usually done with a cheek swab or a blood test. If the test proves paternity, the court will issue an order of filiation. While many parents wait until after the child is born, it is also possible to establish paternity beforehand. The court can order a prenatal paternity test, and if it comes back positive, paternity will be established. What is Equitable Estoppel? While many men can go to court and get a DNA test, that is not always the case. The other side can invoke equitable estoppel to prevent the father from obtaining a DNA test if a father-child relationship has already been established. This is usually invoked in one of two situations. First, the other party might invoke equitable estoppel when the man has represented himself as the child’s father, and the child has come to rely on that relationship. A man can portray himself as the father in many different ways. He can: Pay child support Have the child call him “dad” Introduce the minor as his child Regularly call the child This creates a father-child relationship. Often, the court does not want to break that relationship. It fears that a negative DNA test will harm the child. In this case, it can refuse the DNA test. Second, the other party can invoke equitable estoppel if a man has allowed another man to act as the child’s father for a prolonged period. For example, if a man believes he is the father but does not have anything to do with the child and another man takes part in raising the child, the court might not allow a DNA test. The court believes that even if the man is the biological father, determining paternity would harm the child. A positive DNA test could ruin the bond the child has already established with the man raising him or her. The court has the final say if a DNA test will be blocked. If you want to invoke equitable estoppel or you believe the other party will invoke it against you, it is wise to get legal representation. Equitable estoppel is considered on a case by case basis. The court looks at various factors, including the importance of knowing who the biological father is and the potential trauma a DNA test could cause the child. Our legal team can protect your rights during this process. What Should You Do After Establishing Paternity? Child custody and visitation can be established once paternity is considered. There are two types of child custody, which are legal and physical. Legal custody refers to making decisions for the child, and physical custody is where the child lives. Parents often have joint legal and physical custody, but that is not always the case. Sometimes, parents split legal custody, and one parent has primary custody and the other has visitation rights. New York is known for being flexible with visitation arrangements. The courts want the child to see both parents as often as possible if it is in the child’s best interest.

Grandparents Rights Attorney in Rochester, NY Dedicated Rochester Family Lawyer Helping Protect The Custody and Visitation Rights of Grandparents in New York Michelle Cimino of The Cimino Law Firm has sat across the table from countless grandparents who wanted nothing more than to see their grandchildren. These grandparents were being kept from their grandchildren for a myriad of reasons ranging from obstacles put in place by the parents to the death of a parent. While the circumstances were different, the result was the same. These grandparents were dealing with indescribable pain and wanted to know their rights. Fortunately, grandparents do have rights in the state of New York. Grandparents can request court-ordered visitations with their grandchildren, and in some cases, they can get custody. The Cimino Law Firm has reunited countless grandparents and grandchildren over the years. This is one of the most satisfying aspects of practicing family law in Rochester. Both the grandparents and the grandchildren win when they are reunited. It is fulfilling to watch their faces light up once the legal process is finished, and they are brought back together. What Are My Visitation Rights as a Grandparent? New York is one of the most liberal states regarding grandparents rights. Grandparents can request visitation if certain circumstances are met. First, they can request visitation if one or both of the parents have passed away, and they have a substantial relationship with the children. When one or both parents die, grandparents often get left out in the cold. The surviving parent might think meeting with the grandparents will be too painful for the children, or in the case of losing both parents, the new caregivers might sever the relationship. Fortunately, the courts can step in and fix this issue. Second, grandparents can also request court-ordered visitation if the parents are still living but have interfered with the relationship. For instance, if the parents refuse to let the grandparents see or even speak to their grandchildren without a valid reason, the courts can step in. This is true, even if the parents have prevented the grandparents from establishing a relationship with the children. As long as the lack of a relationship is not the grandparents’ fault, the courts might grant visitation. The court only grants grandparents rights to biological or adoptive grandparents. Great-grandparents cannot take advantage of this law. Also, the court only intervenes when it is in the best interest of the grandchildren. What If the Child Has Been Adopted? Many grandparents think they don’t have grounds for visitation if their grandchild has been adopted into another family. They feel hopeless and try to imagine a life without their grandchildren. Fortunately, grandparents rights don’t disappear just because a child is adopted. Grandparents can still seek court-ordered visitation, even if the grandchild is living in an adopted home. How Are Grandparents Rights Cases Proven? The burden of proof to receive visitation rests on the grandparents’ shoulders. They must show that it is in the child’s best interest for the court to order visits. Fortunately, you do not have to prove this on your own. Michelle Cimino has more than 20 years of experience fighting for grandparents rights in New York and can help you establish your case. The burden of proof begins with the legal grounds for filing the request. Many requests are submitted after one or more parent dies. Death is the legal ground for the application. However, if the parents are living, grandparents must prove that they have an existing relationship with the grandchild or one or more parents has prevented the grandparent from establishing one. Establishing the legal grounds for the request is the first step. Next, the grandparent must prove that it is in the grandchild’s best interest to spend time with his or her grandparents. Research has shown that children with strong bonds to their grandparents are less likely to suffer from behavioral and emotional problems. And they are also more likely to get along with their peers. However, citing research is not enough. The court will also look at other factors, such as the child’s wishes, the distance the child must travel for the visits, and the physical and mental health of all parties. The court will also take a close look at the grandparents. The court will analyze the past and present relationship the grandparent has with the parents and grandchildren and the grandparent’s overall attitude toward the parents. This will also impact visitation rights. This can seem overwhelming for grandparents who want nothing more than to spend time with the grandchildren they love. At The Cimino Law Firm, we understand the emotional toll this takes and will be by your side to provide support. We don’t just fight in the courtroom. We also help our clients navigate this complicated process.

Domestic Violence Attorney in Rochester, NY Experienced Rochester Domestic Violence Lawyer Helping Victims & Those Falsely Accused of Domestic Violence Domestic violence is a serious crime, and it is more common than you might think. Approximately 10 million people suffer from domestic violence each year. The state of New York takes these crimes seriously, but victims still need attorneys to protect their rights and their lives. If you have been a victim of domestic violence or been wrongfully accused, contact The Cimino Law Firm for a free phone consultation. What Is Considered Domestic Violence in New York? New York classifies domestic violence as crimes committed by household or family members. This includes people who are legally married, those who share children, and couples who are divorced. People who are in an intimate relationship but not living with their significant other can also commit domestic violence. Domestic violence includes assault, menacing, stalking, and strangulation. In 2019, the state expanded the domestic violence law to include economic abuse. This includes robbery and identity theft. These crimes have a lasting impact on victims. From the physical scars to the emotional devastation, it is difficult to recover. The Cimino Law Firm understands that victims need more than legal representation. They need a faithful ally to bring their abusers to justice. We strive to hold abusers accountable for their actions while providing the necessary emotional support to our clients. Do Both Men and Women Suffer From Domestic Violence? There is a myth that only women can be victims of domestic violence. However, statistics show that men and women alike suffer from abuse. 33.5 percent of New York men have experienced some form of domestic violence in their lifetimes, compared to 32.3 percent of New York women. Sadly, men are less likely to report domestic violence. Many believe they won’t be taken seriously, or there aren’t resources to help them. The Cimino Law Firm helps both men and women who have survived domestic abuse. No one deserves to be assaulted. If you have suffered from abuse, it is time to reach out and get help. The Cimino Law Firm – Advocates for Abuse Victims If you are a victim of domestic violence, your safety is our primary concern. We will begin by helping you obtain an order of protection. When we file the paperwork, the court will likely grant you a temporary order of protection. We will go back to court to receive a final order of protection. This order of protection will last from two to five years. The order of protection will help you stay safe. Under the directive, your abuser must avoid contact with you, including phone calls. The order can also include additional stipulations. For example, it might direct the abuser to stay away from the children and move out of the home. It can also order the person not to have a firearm, pay child support, and follow all custody orders. If the defendant refuses to follow the order of protection, the police will step in. The abuser will likely be arrested. Our legal team can also gather evidence to show the court that the abuser is a danger to you. Can I File A Civil Suit for Domestic Violence? The Cimino Law Firm can also help you file a civil suit to collect damages due to the abuse you have suffered. The statute of limitations for filing a lawsuit is two years. You might be eligible to recover economic damages include medical bills and lost wages, as well as noneconomic damages related to pain and suffering. If going to court and seeing your abuser is too painful, an out-of-court settlement is also an option. This allows you to recover your damages without sitting in the same room with the person who hurt you. What Are My Housing Rights As A Victim of Domestic Violence? You have certain housing rights as a victim of domestic violence. If someone tries to strip you of those rights, seek legal help. First, you cannot be rejected housing based on your status as a domestic violence survivor. That includes federally subsidized housing. Unfortunately, this does happen from time to time. Since it is illegal, our firm can file a claim on your behalf. Second, you cannot be evicted from your home because you are a victim of domestic violence. In the past, landlords could evict tenants who called 911 to report domestic abuse. The eviction was based on nuisance ordinances. Fortunately, New York ended this practice in 2019. You can call 911 and get the help you need without fear of retribution. You also have the right to remove your abuser from your lease without any penalties. If you are unsure of how to do this, contact our firm for a consultation. You might need to move for your safety after suffering from violence. This is possible without penalty as long as you have an order of protection. Your landlord might allow you to break the lease after you get the order.

Wrongful Termination Attorney in Rochester, NY Experienced Rochester Employment Lawyer Helping Victims of Wrongful Termination Get Back Pay, Job Reinstatement & Other Damages Most employees enter an “at-will” contract with their employers. That means their employers can fire them for any reason, even if it’s absurd. However, wrongful termination can still occur in this state. Even though employers have the right to fire employees in most circumstances, that right is removed in some instances. Learn more about wrongful termination in New York, and if you are a victim, contact The Cimino Law Firm. We offer free phone consultations and can tell you if you have a case against your employer. What Are Examples of Wrongful Termination? Wrongful termination occurs when people are fired due to employment discrimination, retaliation, or breach of contract. In each of these cases, the employer does not have the legal right to fire an employee. Employment Discrimination State and federal laws have established protected classes in New York and the United States. This protects employees from discrimination. Even though New York is an at-will state, it is against the law to fire an employee due to discrimination. Examples of protected classes include: Race Religion National origin Age Disability Veteran status Genetic information Gender Pregnancy Sexual orientation Sexual identity While New York protects LGBT rights, there is an exception to this law. Some religious establishments, such as religious private schools, can fire LGBT employees. However, the meaning of religious protection law is still being argued. Even if you work for a religious organization, contact The Cimino Law Firm. We will go over your cased and see if you have a claim. Retaliation As an employee, you have rights that are protected under state and federal law. These rights include: Reporting illegal activity at the workplace Taking legally-allowed leave Filing a worker’s compensation claim Filing a sexual harassment claim Participating in an investigation related to illegal activities at your workplace Participating in a lawsuit after a claim is filed Your employer is not allowed to retaliate against you if you engage in any of these protected activities. However, employers often retaliate by firing their employees. If your termination was a direct result of your participation in a protected activity, you could file a wrongful termination suit. You might receive damages, and you could even get your job back. Also, your claim will show employers that retaliation is an unwise decision. Breach of Contract While New York is an “at-will” state, some employees enter into contracts. These contracts stipulate that the employees cannot be fired without just cause. Most employers adhere to the terms of the agreement, but others do not. If your employer has broken the contract and fired you, that is a wrongful termination. Your employer might try to prove that he or she had just cause to fire you. You should collect evidence related to your job performance before filing a wrongful termination claim. This will help The Cimino Law Firm prove that you were fired without just cause and deserve compensation. What Damages are Available for Wrongful Termination Cases? Courts determine damages for wrongful termination on a case by case basis. However, common damages include: Lost earnings plus interest Lost benefits plus interest Emotional distress Legal fees Punitive damages are also awarded in some cases. Punitive damages are used to punish the employer and deter others from behaving in the same way. These damages are awarded in the most extreme of circumstances. Your wrongful termination attorney will let you know if you are eligible for punitive damages. How Are Wrongful Termination Cases Proven? Wrongful termination cases are among the most difficult to prove since employers have the right to fire employees under most circumstances. Fired employees must show that their removal was due to discrimination, retaliation, or a breach of contract. Breach of contract is the easiest to substantiate because it requires the employer to show just cause. However, since just cause is not needed in other cases, the employee must prove that the employer would not have fired another employee for the same reason. To better understand this, look at examples of illegal and legal termination. Assume you work at a company where employees are routinely late. You are always on time. One day, though, you walk in five minutes late, and your boss promptly fires you. He or she didn’t as much as reprimand the other late employees. You are 60 years old and believe that you were fired based on your age. This is a case of age discrimination. On the other hand, assume that everyone else at work is always on time. No one has ever even late. You are a full hour late, miss an important meeting, and get fired.

Sexual Harassment Lawyer in Rochester, NY Experienced Rochester Sexual Harassment Attorney Helping Victims of Sexual Harassment Take Action Sexual harassment is illegal in the state of New York and the rest of the country. Sadly, being illegal is not enough to stop the problem. Each year, countless New Yorkers report sexual harassment, and others suffer in silence. Many people refuse to report sexual harassment because of fear or embarrassment, but The Cimino Law Firm will help you navigate your emotions while holding your harasser accountable. Contact us for a free phone consultation. Then we can work to stop the harassment and collect damages. What Types of Sexual Harassment Exist? Sexual harassment falls into two categories. Our firm has represented victims of both types. If you have been a victim of one or both types of harassment, we are here for you. Quid Pro Quo Quid pro quo is the most common form of sexual harassment. It’s so common that 10.9 percent of New York employees have reported experiencing it at some point in their careers. Quid pro quo sexual harassment occurs when an employee believes he or she must accept the harassment in exchange for something else. This could include: Continuing employment Getting a raise or promotion Not getting demoted This is often referred to as “this for that” harassment. Employees are often afraid to report quid pro quo harassment out of fear of retribution. Remember that the law is on your side in these cases. You are the victim, and you have the power to hold the perpetrator accountable. Hostile Work Environment Sexual harassment can also create a hostile work environment. A hostile work environment can be created due to: Sexually offensive remarks Unwanted sexual advances Unwanted sexual requests Complimentary or derogatory sexually charged comments Sexual gestures Requests for sexual favors or actions Many people believe they cannot file a claim if they are not asked for something in return. However, a hostile work environment is reason enough to make a claim. A hostile work environment will impede your job performance. Over time, you might even quit. Protect yourself by filing a sexual harassment claim. Is Sexual Harassment Just a Women’s Issue? There is a myth that only women are victims of sexual harassment. However, both men and women deal with quid pro quo harassment and hostile work environments. Almost 10 percent of male New Yorkers have been victims of quid pro quo sexual harassment. Sadly, men are less likely to report this crime. Many are embarrassed, or they are afraid they’ll be teased by their colleagues if they report it. Others think they should just go along with it, and it will eventually go away. However, harassers normally do not stop until their employers or the courts force them to do so. If you are a male victim of sexual harassment, understand that no one deserves to be harassed. You have the power to hold the harasser accountable. The Cimino Law Firm understands the unique emotions in your case, and we will help you through this process. You might feel as if you don’t have power right now, but we will help you get your power back. What Types of Damages Can You Recover in Sexual Harassment Cases? If you’ve suffered from sexual harassment, you have likely lost a great deal. You might have left your job, or even if you stayed, you’ve been subjected to emotional distress. Fortunately, the court system realizes that people who suffer from sexual harassment have economic and noneconomic damages. With more than 20 years of experience bringing perpetrators to justice, The Cimino Law Firm can help you recover damages in your case. Depending on your specific case, you might be entitled to: Lost wages and benefits Future lost wages Attorney fees and legal costs Damages for emotional distress The court also awards punitive damages in extreme cases of sexual harassment. Contact our firm to find out which damages you can be awarded for your specific case. What Should Sexual Harassment Victims Do? If you’re a victim of sexual harassment, there are steps you can take. Begin by collecting any harassing statements or images. This can be used as evidence in the court of law. If the harassment is verbal, write down what the harasser says to you. This can also be used in court. You should also collect evidence related to the damages you’ve experienced. For instance, if you’ve begun mental health treatments due to sexual harassment, keep your medical statements. Next, contact an attorney at The Cimino Law Firm. Our attorney will talk to you about the specifics of the case, including your company’s reporting system. The attorney might advise you to report the problem with your employer to see if they fix it, or the attorney might advise making a claim. Each case is different, so a free phone consultation is necessary.

Workplace Retaliation Attorney in Rochester, NY Experienced Rochester Employment Lawyer Helping Victims of Workplace Retaliation State and federal laws make it clear that workplace retaliation is a crime. However, countless employers continue to retaliate against their employees. Workplace retaliation claims made up 48.8 percent of all charges with the U.S. Equal Employment Opportunity Commission in 2017, illustrating that this is a serious problem. You are far from alone if you’ve been retaliated against at work. You are one of many, and just like the ones before you, you need legal help. The Cimino Law Firm has spent more than two decades fighting for employee rights. We understand the complexities of these cases, as well as the emotions involved. You are likely hurt, stressed, and worried about your future. With our help, you can regain your confidence and get back on solid footing. Know Your Rights – Workplace Retaliation Is a Crime The state and federal government provide rights to you as an employee. You cannot be retaliated against if you exercise your legal rights. Your employer cannot legally retaliate against you for: Reporting sexual harassment or discrimination Participating in a lawsuit for such a claim Reporting illegal activity at your workplace Using sick leave or vacation time Learn more about the laws and regulations that protect employees against retaliation. What is Anti-discrimination Retaliation? Laws such as the New York State Human Rights Law, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act protect employees in the United States. When an employer discriminates against one of the protected classes, employees can file a complaint. It is illegal for the employer to retaliate against the employee for filing a claim. What is Wage-and-hour Retaliation? New York State Labor Law and the Fair Labor Standard Act entitle employees to a basic minimum wage. These laws also state that employees who work more than 40 hours a week must earn overtime pay. Under the law, employees can report infractions without fear of retaliation. Sadly, many employers do retaliate against these brave employees. What is Whistleblower Retaliation? New York state and the federal government protect whistleblowers from retaliation as well. When an employer engages in an illegal activity that impedes the safety of the public, employees can report it without fear. Unfortunately, since the employers are already participating in unlawful activities, many will take the extra step and retaliate against their employees. Remember that the law is on your side in these cases. What is Family Medical Leave Retaliation? If you work in a company with more than 50 employees, you are entitled to up to twelve weeks of unpaid leave under the Family and Medical Leave Act. You need to have at least one year of continuous employment with that company to take the leave. While this is a guaranteed right, far too many employers take action against employees. How Do Employers Retaliate? Workplace retaliation takes many forms. Wrongful termination is a common form of workplace retaliation, but it’s far from the only way employers retaliate against employees. Other types of retaliation include: Giving a poor performance review Demoting the employee Failing to promote the best candidate for the job Reducing hours Reassigning the employee Creating a hostile work environment Removing privileges Assigning less desirable duties or hours Suspending the employee Workplace retaliation can hurt employees financially. Retaliation causes emotional damages as well, such as stress and depression. What Are Some Examples of Workplace Retaliation? Workplace retaliation is very complicated. Many people don’t realize they’ve been a victim of retaliation at the time. They think they caught a bad break. To determine if you’ve been a victim of workplace retaliation, look at some examples. For the first example, assume you have been working overtime and not getting compensated for it. You report the infraction to officials, and your boss finds out. Right after, your boss fires you. That is a clear case of retaliation. Now, let’s say you see someone sexually harassing another person at work. You report it to human resources, and the person is promptly fired. You feel good about it until your boss demotes you. This doesn’t make sense because you have already received outstanding reviews. This is another case of retaliation. Another example would be taking time off work to care for a sick spouse. You fill out all the appropriate paperwork and take your legally-allowed leave. You go back to work, and it’s time for annual raises. You are the only person who doesn’t receive a raise even though you are a top employee. It’s clear that your employer retaliated against you.

Employment Discrimination Lawyer in Rochester, NY Experienced Rochester Employment Law Attorney Helping Victims of Employment Discrimination You are, by all accounts, an excellent employee. You show up to work on time, and you excel at your job. However, you’ve noticed that your employer does not treat you fairly. Maybe you are dealing with harassment, or you don’t get as many raises as less-qualified employees do. You might have trouble moving up in your workplace even though you have the qualifications, or maybe you have also been fired for no good reason. If this sounds like you, you could be a victim of employment discrimination. Michelle Cimino of The Cimino Law Firm has more than 20 years of experience in employment law, and she will fight on your behalf. Call The Cimino Law Firm for a free consultation today. What Types of Employment Discrimination Exist? New York and the federal government have put laws in place to protect people against employment discrimination. Unfortunately, employers do not always adhere to the rules. Many employers break the laws and discriminate against their employees. This occurs when they discriminate against a protected class. Some of the most common forms of discrimination include: Race discrimination Age discrimination Religious discrimination LGBT discrimination Disability discrimination National origin discrimination Gender discrimination What is Race Discrimination? The New York Human Rights Law and Title VII of the Civil Rights Act of 1964 strictly prohibit race discrimination. Employees cannot be treated differently based on race. They also cannot be fired or lose out on employment opportunities based on their race. If you have suffered this type of employment discrimination, seek legal help. What is Age Discrimination? The New York Human Rights Law and the federal Age Discrimination Act prohibited age discrimination. It is illegal to discriminate against any workers over the age of 40. That includes refusing to hire someone based on his or her age or failing to provide the same opportunities and wages. What is Religious Discrimination? Religious discrimination is deemed illegal in Title VII of the Civil Rights Act and the New York Human Rights Law. Examples of religious discrimination include refusing to recruit or hire people of a particular religion or making it more difficult for people of specific faiths to advance at work. What is LGBT Discrimination? New York is ahead of the federal government regarding LGBT discrimination. While there are no federal protections in place, New Yorkers are not allowed to discriminate against LGBT employees. That includes placing unreasonable demands on men and women who are transitioning or allowing verbal harassment of LGBT employees. What is Disability Discrimination? Sadly, many disabled Americans faced discrimination in the workplace. Fortunately, the New York Human Rights Law and the Americans with Disabilities Act give these men and women legal recourse when they suffer from discrimination. For example, some employers fire people after they miss work for a disability-related reason. This is against the law. What is National Origin Discrimination? Employers are also held accountable if they discriminate against people due to their national origin. The New York Human Rights Law and the Civil Rights Act make this a crime. Employees who receive unfavorable treatment due to their national origin can bring suit against the employer. What is Gender Discrimination? The New York Human Rights Law, the Equal Pay Act, and the Civil Rights Act make it clear that it is illegal to discriminate against someone because of his or her gender. For example, an employer cannot pay a woman less than a man if they both have the same skills, education, experience, and job title. An employer also cannot refuse to hire someone because she is pregnant or to fire her for taking medical leave due to pregnancy. Is Discrimination Limited to Illegal Hiring and Firing Practices? Most people view employment discrimination as firing or failing to hire someone based on a protected status. Those are both examples of employment discrimination, but the law includes other forms of prejudice as well. If you have been a victim of any workplace discrimination, seek legal help immediately. What is a Hostile Work Environment? A hostile work environment can be a form of discrimination. For instance, if an employee calls someone a racial slur, and the employer fails to intervene, this is discrimination. The employer has allowed a hostile work environment to take over. It is nearly impossible for that employee to work at that location because of the hostility. Are English-only Policies Employment Discrimination? Some companies instill English-only policies that are unnecessary and discriminatory.

Disability Discrimination Lawyer in Rochester, NY Experienced Rochester Employment Attorney Helping You Fight Against Disability Discrimination in the Workplace If you have been mistreated in the workplace due to a disability, you have suffered from disability discrimination. The federal American with Disabilities Act and the New York Human Rights Law prohibits discrimination of this kind. Under the laws, your employer cannot discriminate against you based on a real or perceived disability and also must make reasonable accommodations to allow you to perform your job functions. Even with these strict guidelines, countless employers try to get around the law and discriminate against employees. Fortunately, you can fight back with the help of The Cimino Law Firm. Call us today to schedule a free consultation. What Is a Disability? A disability is defined as a mental, physical, or medical condition that creates substantial limitations when engaging in major life activities, such as hearing, learning, or walking. The disability can be current, such as multiple sclerosis, or in the past. For example, if a person had cancer, but it is now in remission, he or she is still protected from disability discrimination. Those who have family members with disabilities are also protected. What Are Some Examples of Disability Discrimination? Disability discrimination occurs when someone who is qualified and can perform a job with or without reasonable accommodation is treated unfairly. This happens in many different ways. Look at some of the most common ways employers discriminate against people with disabilities. Recruitment and Hiring Practices Disability discrimination often occurs during the recruitment or hiring process. Some employers use language like “seeking able-bodied employees” to weed out disabled applicants. Others ask people about their medical histories during the application process or require that they undergo medical exams before considering them for a job. Employers cannot ask applicants medical questions or require that they take medical exams during the job process. Disparate Treatment Regarding Medical Exams Employers are allowed to require employees to take medical exams after extending an offer of employment. They can also ask medical questions. However, the law has put guidelines in place regarding these practices. If an employer requires exams or asks medical issues, the company must do so for each person it hires. A company is committing discrimination if it only requests this for some employees. Hostile Work Environment As members of a protected class, people with disabilities cannot legally be subject to harassment in the workplace. This includes off-color jokes, rude comments, and offensive pictures or videos. If it happens once, it is not considered a hostile work environment. However, if the disabled employee is confronted continuously with harassment at work, he or she will have a claim. Unfair Treatment Due to a Family Member’s Disability Those who have disabled family members are also protected from disability discrimination. Employers often refuse to hire or promote people who are married to someone with a disability. They claim the employees cannot devote the necessary time to the job. However, this is discrimination. Failure to Promote Due to Disability Some employers refuse to promote people with current or past disabilities. The employer might refuse to promote the most qualified employee because of the possibility of missed work due to the disability. Also, the employer might not want someone whose cancer is in remission out of fear that it will come back. Both examples are against the law. If someone can perform the job duties and is the best candidate, he or she should not get passed over due to a disability. Wrongful Termination Job-related decisions cannot be made based on a disability, as long as the employee is qualified and able to perform the job functions with or without reasonable accommodation. That includes termination. Some employers fire people after they become disabled, even though they can do their necessary job functions. Others fire people who take protected leave due to the disability. Disability-related absences are considered reasonable accommodation in the workplace. Firing someone due to taking leave is disability discrimination and against the law. Failing to Provide Reasonable Accommodation The law makes it clear that employers must provide reasonable accommodation to allow disabled employees to perform their jobs. Sadly, many employers who have the means to accommodate employees still fail to do so. In fact, between the years of 2012-2014, 34 percent of the disability claims filed with the EEOC were due to a lack of reasonable accommodation. It is even worse in New York, where 42 percent of the complaints were filed based on this issue.

Age Discrimination Attorney in Rochester, NY Dedicated Rochester Employment Lawyer Helping Victims of Age Discrimination Enforce Their Rights If you’ve been discriminated against based on your age, you likely feel hopeless and helpless and are unsure if you can hold your employer accountable. The law is on your side regarding age discrimination. The federal Age Discrimination in Employment Act (ADEA) protects workers age 40 and over from discrimination as long as the company has at least 20 employees. The New York Human Rights Act takes it even further, protecting employees 18 and older from age discrimination, as long as the company has at least four employees. The law makes it clear that employers cannot discriminate based on age, but unfortunately, these cases are still common. Sixty-one percent of employees 45 and older have experienced age bias at work. Michelle Cimino of The Cimino Law Firm has spent over two decades fighting for the rights of New York employees. Contact us today for a free phone consultation. How Do You Prove Age Discrimination? The burden of proof rests with the person filing the age discrimination claim. The Cimino Law Firm will investigate your complaint and gather the necessary evidence. Cases are typically proven with direct evidence, evidence of disparate treatment, or evidence of disparate impact. Direct Evidence Direct evidence is rare in these cases, but some claimants do have access to it. Direct evidence can be written or verbal and clearly outlines the discrimination. This could include an email that states that you are losing your job because of your age or being told that you are not eligible for employment because you are too old. If you have direct evidence, submit it to your attorney. This type of evidence makes it clear that discrimination has taken place. Disparate Treatment Disparate treatment is a common type of evidence in these cases. Often, employers treat people differently based on age, and that is illegal in New York. For instance, assume that a 50-year-old and a 25-year-old apply for the same job. The 50-year-old has much more experience, but the employer hires the 25-year-old. This is an example of disparate treatment. Another example is failing to promote an older employee who is more qualified or giving better assignments to younger people to push a senior employee out of a job. Disparate Impact Age discrimination lawsuits on the grounds of disparate impact are also common in New York. In these cases, the employer usually doesn’t have discriminatory intent but discriminates against people anyway. For example, assume a company decides to raise all salaries to get them in line with the national average. People in their 40s typically have seniority and make more than their younger colleagues. Because of that, the company gives higher raises to younger people who do not have seniority. While the intention wasn’t to discriminate against others, this is a form of discrimination because it affects older employees. Is Age Discrimination Just for People Over 40? Age discrimination is generally thought of as discriminating against someone because they are over the age of 40. However, people under 40 can also suffer from age discrimination. The New York Human Rights Law protects everyone aged 18 and over from this discrimination. Age discrimination happens against young people all the time. For instance, some employers refuse to hire young employees because they think they will move onto another job quickly. This is a form of age discrimination. Others refuse to provide training opportunities for young workers. They believe it’s not worth the time or resources since the workers aren’t “mature” enough. This is also age discrimination. Some employers even refuse to hire young workers because they don’t think they will fit in with a more experienced staff. Again, it is against the law to discriminate against anyone based on age, regardless of the excuse. What Are The Statute of Limitations for Filing an Age Discrimination Claim? A statute of limitations is in place for age discrimination claims. If you want to hold your employer accountable, you need to file a claim within one year of the discriminatory action. For example, if someone refused to hire you due to your age on Jan. 1, 2019, you would have to file the claim by Jan. 1, 2020. If possible, don’t wait until the last minute to file the claim, though. The faster you file the complaint, the easier it is to gather evidence and prove age discrimination. How Do You File an Age Discrimination Claim? If you are still employed by the company that discriminated against you, you need to file a complaint with your employer. Your employee handbook should have a procedure to follow. Most likely, you will need to file a complaint with the human resources department. Once your employer is notified of the claim, it will have the opportunity to correct the problem.

Gender Discrimination Lawyer in Rochester, NY Experienced Rochester Employment Attorney Helping Victims of Workplace Gender Discrimination Protect Their Rights You should have the same opportunities at work as people of the opposite gender, but that does not always happen. A staggering 42 percent of women experience discrimination in the workplace, and this discrimination holds people back from reaching their long-term goals. If you are a victim of workplace discrimination, you probably wonder what you can do. With so many women discriminated against, can you take action? Yes, you can. Gender discrimination is against the law, and you can file a claim against your employer. Michelle Cimino of The Cimino Law Firm specializes in employment law and has represented countless people just like you. Contact the law firm for a free phone consultation. Gender Discrimination Laws Both the state of New York and the federal government prohibit discrimination based on gender. Various laws are on the books that make this position clear. Title VII of the Civil Rights Act of 1964 protects people who work for companies that have at least 15 employees. The New York Human Rights Law takes it a step further by protecting people that work at companies with four or more employees. The employees do not have to work at the same location. They can even telecommute and still be counted toward that number. What Are The Most Common Types of Gender Discrimination? The Cimino Law Firm has handled countless gender discrimination cases for our clients. While employers discriminate in many different ways, most cases fall into one of eight categories. Discrimination During Interviews State and federal laws provide guidelines for interview questions. Interviewers should provide the same types of questions to both men and women. Still, employers often ask women gender-specific questions. For example, interviewers might ask a woman if she intends to have children. If the woman says yes, the interviewer might discard her application due to potential maternity leave. If this has happened to you, you might have a gender discrimination claim. Unequal Pay The gender pay gap is an issue that plagues the entire United States. The state of New York has fought to eliminate this problem by requiring employers to provide equal pay to employees who perform “substantially similar” work. This goes beyond equal pay for equal work. Sadly, many employers still pay women less than men for substantially similar work. Many of the cases we see involve unequal pay in the workplace. Position Discrimination Positions should go to the most qualified applicants, regardless of gender. Unfortunately, some employers are biased against women and will not hire them to work in certain positions. They might employ women to work as secretaries but not to lead a team, regardless of qualifications. Also, they might refuse to hire women as security guards due to the belief that the job is not suitable for women. This form of discrimination can also be against men. Some companies do not want to hire male nurses or secretaries, even though they are qualified. Position bias has no place in the state of New York, and The Cimino Law Firm will file a claim on your behalf. Benefits Discrimination Benefits discrimination is not as common, but it does happen in New York. Benefits discrimination refers to employers giving male employees better benefits such as additional leave or a company car while female staff in substantially similar roles do not enjoy the same benefits. Responsibility Discrimination It’s reasonable to expect men and women in substantially similar roles to have the same responsibilities. Unfortunately, employers sometimes discriminate regarding responsibilities. They might make a female employee answer phone calls and file even though that is not her job while allowing the male employee to take clients to lunches and close deals. Promotion Discrimination You have likely heard of the glass ceiling. This is the ceiling that employers often refuse to let women break. This artificial barrier prevents women from getting promotions they are the most qualified for, so they are unable to advance in the workplace. The glass ceiling might be a common term around the workplace, but it is also against the law. Employers cannot deny women promotions based on gender. This is a form of sex discrimination. Sexual Harassment Sexual harassment is also all too common in the workplace. Both men and women can be victims of this form of gender discrimination. Sexual harassment falls into two categories. First, there is quid pro quo sexual harassment. The victim believes he or she must accept the harassment to get something in return, such as a promotion or job stability. The second kind is a hostile work environment.

Pregnancy Discrimination Lawyer in Rochester, NY Experienced Rochester Employment Attorney Protecting Women Against Pregnancy Discrimination in the Workplace You were so excited when you became pregnant. You immediately started planning for the new addition to your family, but then the unthinkable happened. Your employer discriminated against you due to your pregnancy. You have heard of pregnancy discrimination cases before, but you never thought it would happen to you. Now, you are worried about your next steps and wondering how to hold your employer accountable. Pregnancy discrimination is against the law, and you can make a claim against your employer. The Cimino Law Firm has focused on employment law for more than two decades and is here to help you. Contact us today for a free consultation. What Laws Protect Against Pregnancy Discrimination? The state and federal governments protect pregnant employees from facing discrimination in the workplace. The federal government amended the Civil Rights Act of 1964 to include the Pregnancy Discrimination Act (PDA). This act forbids employers with more than 15 employees to discriminate against pregnant women. It even goes a step further and states that pregnant women are to be treated like temporarily disabled employees. That meant that reasonable accommodations must be made during pregnancy. The Family and Medical Leave Act also protects pregnant employees. Women can take up to 12 weeks of unpaid leave for the birth of the child. The father can also use this act to care for the child after birth. The New York Human Rights Law protects pregnant employees from discrimination, as well. Employers that have at least four employees must provide reasonable accommodations to pregnant women. This includes modifying the work arrangement, reassignment to a more suitable position, and modifying the way work is performed. Pregnant women are also entitled to more frequent breaks and time off for medical appointments. Women are also allowed time off to recover after the birth of the baby. Retaliation Laws Even with these laws in place, employers don’t always comply. When pregnant women force their hands by reporting them, many retaliate. It is illegal to retaliate against an employee who has reported a company for breaking the law. That includes violating the New York Human Rights Law and the federal laws that protect women during pregnancy. It is also illegal to retaliate against someone for taking legally-provided leave during pregnancy. If your employer has retaliated against you, you can bring a case against the company. Retaliation includes: Termination Demotion Reduction in pay Reassignment to a less desirable position Contact us today if you have been retaliated against by your employer. What Are Some Examples of Pregnancy Discrimination? Many women are discriminated against without even realizing it. They think their employers have the right to make decisions or take action based on their pregnancies, but that is not true. Examples of pregnancy discrimination include: Refusing to hire someone who has the best qualifications for the job because she is pregnant Denying a bonus due to the pregnancy Firing an employee who is going to take leave due to pregnancy Forcing a pregnant woman to bring a doctor’s note stating that she cannot perform specific duties when sick or injured employees do not have to follow the same protocol Demoting a pregnant employee Decreasing hours Removing privileges Penalizing an employee for taking time off to see a doctor when ill employees are not penalized Getting Hired While Pregnant – What You Need to Know There is some confusion regarding going to job interviews while pregnant. Many women feel they must disclose the fact that they are pregnant, even if they are not showing. You are not under any obligation to tell your potential employer that you are pregnant. However, you have the right to do so if you wish. Potential employers cannot refuse to hire you based on your pregnancy. If you think an employer has passed you over because you are pregnant, you might have a pregnancy discrimination claim. You also don’t have to tell an employer if you plan to have children. Employers should not ask this question during an interview. This is a form of gender discrimination. Employers don’t ask men if they plan to have families. This is something they reserve for women, and it is discriminatory. Asking about family planning during a job interview is quite different from discussions with coworkers during lunch or around the water cooler. You are not required to disclose any information regarding your plans to have a child. Do I Need To Disclose Pregnancy to a Current Employer? If you are already employed, you likely wonder if you should reveal your pregnancy to your employer. Again, you do not have to do so, but you might want to in case you are discriminated against.