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.

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. In certain cases, you have a three-year limit to file a complaint in the New York State courts.

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 treated unfairly as compared to other similarly situated employees who do not fall into your protected category, based on your race, age, gender, etc.

What Protections Do I Have If I Report Discrimination?

The law protects you in the event that your employer retaliates against you for making a complaint or filing a claim of discrimination or harassment.

What Are Potential Remedies To These Employment Law Issues? 

You may recover money damages, such as back pay or front pay, and in certain cases, you may recover punitive damages and attorneys’ fees. 

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. 

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. 

Can You Sue For Wrongful Termination?

Yes, you may sue for wrongful discharge from your employment. 

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 as to the next steps you should take to prove your case. 

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

Most wrongful termination cases can be filed in New York within three years, but some filings with the EEOC must be filed as soon as possible within 180 days, so you should consult with an experienced lawyer as soon as possible. 

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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