About The Firm
A Law Firm Specializing in Employment Law
With over a decade of employment law experience, Theresa D’Andrea, Esq. has litigated and resolved thousands of cases in New York and New Jersey.
A first-generation college and law school graduate who has experienced her share of unfair workplace practices, Theresa is fearless in representing your rights.
Having spent her career representing New York City and then private employers, Theresa knows how the other side thinks, which is critical to resolving your workplace disputes.
Let’s Begin
Schedule a Free Consultation
Skip the hassle of filling out online forms and waiting for a response from a law firm who outsources its receptionist.
You can book an immediate 15-minute consultation directly on my calendar, where we’ll discuss how I can help you. For employment legal matters, you must reside or work in New York or New Jersey
You can also email me at theresa@lawdandrea.com for urgent consultations.
Employee Practice Areas
Discrimination
Unlawful workplace discrimination happens when an employer takes adverse actions based on an employee’s protected characteristics, like your race, gender, age, disability, or caregiver status.
Hostile Work Environment / Harassment
Hostile work environment consists of harassment or unwelcome behavior that makes your workplace feel intimidating or oppressive. This can include sexual, racial, gender, or disability-related harassment.
Sexual Harassment
Sexual harassment is any unwelcome behavior of a sexual nature that creates a hostile or intimidating work environment. It includes unwanted advances, inappropriate comments, or any other behavior that disrupts your ability to work.
Workplace Retaliation
Workplace retaliation occurs when an employer disciplines or fires you for standing up for your rights or that of a colleague. Such retaliatory conduct can include harshened performance evaluations, changes in your job duties, decreased salary, or even termination. Everyone has the right to speak out without fear of retribution.
Whistleblowing
Whistleblowing retaliation occurs when an employer disciplines you for reporting illegal or unethical behavior. There are also circumstances in New York where you don’t even have to make a report in order for you to be considered a whistleblower.
Leave of Absence
Navigating a leave of absence is critical for addressing personal or family health needs. Yet, it can feel complicated when doing so. Whether you’re seeking time off under the Family and Medical Leave Act (FMLA), New York Paid Family Leave (PFL), New Jersey Family Leave Act (FLA), or as a disability accommodation, understanding your rights and options is key.
Criminal and Background Checks
There are laws that govern how your criminal and background history can be considered in your hiring or promotional process.
Wage And Hour Issues
Employees deserve fair and accurate compensation for their work, but unfortunately, wage-and-hour disputes are common in many workplaces.
Employment Agreement & Restrictive Covenant Review
Whether you’re starting a new job or reassessing your current terms, a thorough review of your employment or restrictive covenant agreement can provide peace of mind and secure your professional future.
Separation Negotiations
Whether you’re facing a layoff, resignation, or mutual decision to part ways, it’s essential to approach the negotiation with a clear understanding of your rights and potential outcomes. Properly handling this transition can help you secure a fair separation package, maintain your benefits, and protect your future career prospects.
Independent Contractors
Independent contractors are essential to many industries, offering flexibility and specialized skillsets. However, navigating the legal landscape as a contractor can be complex.
Temporary Workers
Temporary workers are a crucial part of today’s workforce, bringing flexibility and expertise to various industries. Certain states, like New Jersey, require companies to provide temporary workers with robust legal rights.
Services for Creators, Influencers, Streamers, & Gamers
You build the brand. I’ll help protect it.
I’m not just another lawyer. I’m also a creator.
I understand the work, the community, and the risks that come with growing your online presence, and I’m here to make sure your brand is protected every step of the way.
Brand & Sponsorship Agreements
Protect your partnerships before you post.
Brands love working with creators, but not every deal is created equal.
I help you review or negotiate influencer, sponsorship, and/or affiliate contracts so you actually get what you’re promised.
From exclusivity clauses to payment terms and usage rights, I make sure your brand stays yours.
Examples:
• Review of brand-deal contracts
• Negotiation of deliverables, payment, and usage terms
• Management or agency-representation review
Digital Content & IP Rights
Own your work. Guard your likeness.
Every clip, post, and stream you create is intellectual property. It deserves legal protection.
I help creators register copyrights, license their content, and stop unauthorized use or reposts.
Examples:
• Copyright registration and DMCA takedown strategy
• Licensing agreements for videos, photos, or music
• Content ownership language for editors, co-creators, or brand partners
• UGC (user-generated content) deal review
Employment & Collaboration Issues
When your “team” becomes your business.
Whether you’re hiring a video editor, working with a manager, or joining a talent collective, collaboration should come with clarity. I help creators and freelancers set boundaries that protect both income and reputation.
Examples:
• Independent contractor and collaboration agreements
• Team or management contracts
• Review of exclusivity and non-compete clauses
• Conflict resolution when a partner or brand doesn’t deliver
Privacy, Defamation & Online Harassment
Protect your peace, and your reputation.
Online visibility can come with risk. From impersonation accounts to defamatory posts, I help you respond strategically and, when needed, take legal action.
Examples:
• Cease-and-desist letters for harassment or impersonation
• Platform takedown requests and reputation management
• Guidance on privacy and content removal rights
• Counseling for creators facing targeted harassment or defamation
For Solopreneurs or Small Business Owners
Employment law advice and counseling to support your business needs
Employment advice & counseling
D’Andrea Law PLLC can support your business throughout the lifecycle of the employment relationship, across interviewing and hiring, onboarding, employment evaluations, workplace accommodations and leaves of absence, promotions, disciplinary actions, and employment separations.
Contract drafting & Negotiation
Both solopreneurs and small business owners can benefit from having an attorney draft or review website policies (like privacy policy and terms of use), offer letters or employment agreements, and separation agreements to ensure compliance with federal, state, and local laws.
Investigations
An employee made a complaint – now what? Certain laws require a prompt and thorough investigation. D’Andrea Law PLLC can investigate employee issues and/or provide support and guidance to your HR or legal team’s investigation.
Dispute resolution and defense
A situation with an employee has turned thorny. D’Andrea Law PLLC can help with resolving pre-litigation matters, whether you are an exiting an employee who is claiming discrimination, harassment, retaliation, etc. – or an employee has already filed a complaint with an administrative agency or in court.