Jimmy M. Santos

Mr. Santos has been practicing law for over twenty six years, most of which on behalf of employees. He has successfully represented numerous clients before the state and federal courts in New York, and before administrative agencies, including the EEOC, the New York State Division of Human Rights, the New York City Commission on Human Rights and the U.S. and N.Y.S. Departments of Labor.

His practice area includes representing individuals in employment law and civil rights litigation, mediations, and arbitrations in matters involving unlawful discrimination and harassment and retaliation in private and public employment, housing and public accommodations. He represents clients in wage and hour claims; unfair competition law; and federal, state and private whistleblower litigation under the NYS Whistleblower Law, the False Claims Act and the NYS and NYC False Claims Acts. In addition, he has successfully represented clients in complex federal and NY state court cases, including but not limited to cases for defamation of character, tortious interference with contractual relations and breach of contract.

A portion of Attorney Santos's practice includes representing and counseling small to medium-sized companies in employment and labor matters, including but not limited to defending companies in state and federal agency enforcement actions, investigations and audits before the NYS and U.S. Departments of Labor.

In his spare time, Mr. Santos is an avid reader, current events and politics afficiando, music lover, and guitar player

Boston University School of Law

J.D. (1995) | International Human Rights Law

Williams College

B.A. (1990) | Political Science & Spanish

National Employment Lawyers Association - NY Chapter

Current

National Lawyers Guild

Current

Latino Lawyers Association of Queens County

Current

American Constitution Society

Current

New York State Bar  # 2772689

Member

1996 - Current

New York

New York State Office of Court Administration

ID Number: 2772689

Since 1996

U.S. Court of Appeals for the Federal Circuit

Since 1997

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the Eastern District of New York

Since 1997

U.S. District Court for the Southern District of New York

Since 1997

• Free Consultation
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  By Appointment Only

Q. Can one be fired for missing a lot of work due to a documented medical issue?

March 16, 2023

A: Your friend needs to consult with an employment and labor law practitioner. It is possible that he might be protected if his documented medical issues qualify as a "disability" under the American With Disabilities Act, the NYS Human Rights Law and/or the NYC Human Rights Law (if his employment is in NYC). He also may have protections under the NYS Paid Family Leave Act from retaliatory discharge.

Q. I was denied employment by a temp agency based on my criminal history.

March 15, 2023

A: In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the length of time between the criminal conviction and the time on the employer's decision to withdraw the offer.

The main factors which the employer must consider are: "[whether] (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or

(2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.""

You should contact an employment discrimination attorney to determine whether you have a case discrimination based on your criminal conviction. Good luck you. ... Read More

View More Answers ›