Randy E. KleinmanSenior Associate
Usually, employers possess substantially more resources than their employees do. They may hire a team of skillful trial attorneys to mount a strong defense against an employee’s claim, even when their liability seems clear. Whether you have been harmed by discrimination, sexual harassment, or a wage and hour violation, it is crucial to retain an experienced attorney. Randy E. Kleinman is an established trial and appellate attorney at Gerstman Schwartz. Known for a keen sense of justice and a strong desire to serve workers, he brings an aggressive, no-holds-barred approach to litigation. He provides the highest caliber of legal representation and fosters relationships built on trust.
Mr. Kleinman graduated with honors from New York Law School, at which he was awarded the Professor Robert R. Rosenthal Award for Excellence in New York Practice. While attending law school, he competed in appellate competitions across the nation and earned multiple awards for oral advocacy and writing. Before joining the private sector, Mr. Kleinman served as Assistant Corporation Counsel for the New York City Law Department. Representing the City, law enforcement officials, and firefighters in a range of cases, such as those involving malicious prosecution and excessive force, he gained a reputation as a passionate and effective trial attorney throughout the five boroughs. He defended police officers in many high-profile cases, including police shootings, prisoner deaths, and videotaped instances of police misconduct. He has won appeals in the First and Second Appellate Departments.
He is admitted to the New York and California State Bars, as well as the United States District Courts for the Southern and Eastern Districts of New York.
Mr. Kleinman represents employees in cases related to discrimination, sexual harassment, wrongful termination, wage and hour violations, severance, employment contracts, non-compete agreements, whistleblower claims, and defamation.
Employers must abide by numerous federal, state, and local laws, including laws that prohibit employment discrimination. Employment discrimination occurs when an employer makes an employment decision that adversely affects you, and the decision was based on your membership in a protected class. Employment decisions that can adversely affect you include demotions, failures to hire, failures to promote, disparate pay, restricted opportunities for training or advancement, layoffs, and terminations.
Different laws protect different classes of people. Federal anti-discrimination laws include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). Title VII prohibits discrimination based on color, race, religion, sex, and national origin. The New York State Human Rights Law is the state law that prohibits employment discrimination. The New York City Human Rights Law is widely considered one of the most liberal, employee-friendly laws in the nation, and it protects a wide range of characteristics. Each of these laws has its own nuances and applies to employers of varying sizes. Mr. Kleinman can advise you on which law would best support your claim.
Each law has an anti-retaliation provision. You should not face any type of punitive response to a decision to file a claim of discrimination in good faith. This remains true even if a court eventually determines that discrimination did not occur.
Harassment is a type of discrimination. Sexual harassment is prohibited in New York City, regardless of how many employees work for the employer. It can take the form of quid pro quo harassment, or it may be considered hostile work environment harassment.
When you do your work, apply for a job, or attend a work-related event, you should be able to expect that you will be treated with respect. You should not be treated adversely because of aspects of your identity that are outside your control. Randy E. Kleinman is dedicated to fighting for the rights of employees. If you are considering bringing a claim against your employer, you should consult Gerstman Schwartz. Call us at (212) 227-7070 or contact us via our online form for a free consultation on your legal options.
J.D., New York Law School, 2012
cum laude, Bronx Borough Chief Award, Professor Robert R. Rosenthal Award for Excellence in New York Practice, Moot Court Association, American Constitution Society
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals for the Second Circuit
Washington D.C. - Admission Pending
- Represent land developer in long-standing battle with the City of NY and the Mayor.
- Obtained a defense verdict in a high-profile, four-and-a-half month trial alleging over $120 million in damages, stemming from allegations of police misconduct. (Saldana v. City of New York et al.). This case made headlines. My name can be found on VerdictSearch.
- Defended a high-profile matter against an NYPD Sergeant who was caught on surveillance video pushing a 16 year-old boy through a plate glass window in the Bronx (Payne v. City of New York et al.). This case made headlines and ultimately settled for $1 million, although after I left the Law Department. This is a highly favorable settlement in light of the venue, which is in large part due to my defense of the matter.
- Defended a high-profile police shooting case against an NYPD detective and several other officers. This case also made headlines and is still pending (Clarke v. City of NY et al.).
- Obtained a defense verdict in a Staten Island trial alleging over $1 million in damages, stemming from allegations of police misconduct by two NYPD detectives (DiBenedetto v. City of New York et al.).
- Defended a former town attorney in a high-profile, SEC securities fraud litigation.
- Represented a business owner in a multi-million FINRA arbitration against her former wealth manager.