What Protections Are In Place For Employees Under New York And Federal Law?

Employees are protected by both New York and federal law from discrimination, harassment and wrongful discharge (firing).

What Qualifies As Workplace Discrimination?

An employee has a claim from workplace discrimination when he or she is subject to discrimination based on race, gender, age, religion, sexual orientation, or disability. In New York, New York, intolerance for any of the reasons mentioned above is grounds for action, and you may be owed compensation for unfair treatment. If you have any questions regarding the law or suspect you may have been a victim of discrimination in the workplace, it is crucial to call an Employment Law Attorney as soon as possible.

Is There A Time Limit For Filing A Charge Of Discrimination In New York Or The Equal Employment Opportunity Commission (EEOC)?

You have a one-year deadline to file a claim with the New York City Commission on Human Rights or the New York State Division on Human Rights. To preserve your claim under federal law, generally, you must file with the EEOC (or cross-file with the state agency) within 180 days from the date the discrimination took place. You have a three-year limit to file a complaint in the New York State courts in some instances. An Employment Law Attorney will be able to help advise you on the statute of limitations for your particular case. They will also assist in filing your claim to ensure that it arrives and is processed in a timely manner. This will not only help to recover damages owed to you quickly but avoid any situation in which the statute of limitations would expire. In New York, New York, the process for filing a claim against an employer can be complicated, and the boundaries for doing so can be hard to navigate. By retaining an Employment Law Attorney, you can avoid common mistakes such as letting the statute of limitations run out before filing. They will also be able to guide you along every step of the way to being compensated fairly for your hardship.

What Evidence Do I Need To Prove Discrimination?

You need either direct or circumstantial evidence to prove your claim. Provide your attorney with all relevant emails, text messages, photos, and other documentation that supports your claim. Consider what evidence you have that you were mistreated compared to other similarly situated employees who do not fall into your protected category, based on your race, age, gender, etc. Any evidence you have can be helpful, and your attorney in New York, New York, will sort through it to compile the best case possible with what you have provided.

What Protections Do I Have If I Report Discrimination?

The law protects you if your employer retaliates against you for making a complaint or filing a claim of discrimination or harassment. In order to ensure security for employees who already feel discriminated against and to protect them from further injustice, New York, New York has put laws and regulations into place protecting an employee who reports any wrongdoing. An Employment Law Attorney can help you navigate these laws and equip you with the knowledge you need to feel comfortable taking any concerns you have to the next stage of action. If you feel like you are being discriminated against in the workplace, immediately contact an Employment Law Attorney. Retaining an attorney's assistance gives peace of mind that you aren't missing any part of the claims process.

What Are Potential Remedies To These Employment Law Issues?

You may recover money damages, such as back pay or front pay, and in some instances, you may recover punitive damages and attorneys' fees. All of the details of this nature are determined by the circumstances in each individual case. If you're unsure of precisely what all of the violations that have taken place are, contact McCallion and Associates LLP for a free initial consultation. An experienced Employment Law Attorney in New York, New York, will be able to review your unique circumstances and advise you on the next steps to take. They will also assist in compiling a list of all of the different injustices that have occurred and how they may have impacted your life and livelihood. This process is the first step on the road to recovering the damages caused by workplace discrimination.

What Damages Or Possible Outcomes Are Possible If I Win An Employment Discrimination Lawsuit?

You may receive money damages and, when appropriate, reinstatement in the case of wrongful discharge with compensation and lost benefits that you should have received. An Employment Law Attorney with specific experience in New York, New York, can review your case's possible outcomes and discuss your desired outcome. While reinstatement may be possible, what you have experienced at that workplace may be too egregious to overlook, and you may not feel comfortable returning. These are all valid considerations in your case and will be treated with the utmost importance when consulting with an Employment Law Attorney.

What Constitutes A Wrongful Termination Under New York Law?

Wrongful termination occurs when you are fired in breach of an employment contract or based upon discrimination, failure to reasonably accommodate your disability, or other unlawful reason. This can be a significant detriment to you and have an enormous impact on your day to day life. If you suspect you have been wrongfully terminated, it is crucial to immediately contact an Employment Law Attorney. After reviewing your termination circumstances, they will work with you to determine all of the different factors that led up to it and advise you on the course of action that will best suit you.

Can You Sue For Wrongful Termination?

Yes, you may sue for wrongful discharge from your employment in New York, New York. An Employment Law Attorney will assist in compiling evidence against the at-fault party and determine a value that best fits your situation. If you were discriminated against over the course of employment and then wrongfully terminated, you are entitled to justice and fair compensation. The team at McCallion and Associates LLP has over 20 years of experience and is ready to fight alongside you.

How Do You Prove Wrongful Termination?

You need to gather all of the evidence that you have showing that you were terminated for discriminatory or other unlawful reason and provide this to your attorney, who will advise you on the next steps you should take to prove your case. This can be a witness testimony, documented discrimination like emails or text messages, or patterns of discrimination elsewhere in the workplace. Once all of the evidence has been compiled, an Employment Law Attorney will determine how best to build your case. Filing a claim against an employer can be a confusing and daunting undertaking. However, if you were the victim of discrimination or injustice, you are rightfully owed compensation for your hardship.

How Long Do You Have To File A Wrongful Termination Lawsuit?

Most wrongful termination cases can be filed in New York within three years. However, some filings with the EEOC must be filed as soon as possible within 180 days. You should consult with an experienced lawyer as quickly as possible. At McCallion and Associates LLP, a seasoned Employment Law Attorney will break down the options you have and help you decide on the path that best fits you.

For more information on Protections For Employees Under New York Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (646) 366-0884 today.

Contact McCallion & Associates LLP for a free initial consultation.

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