Frequently Asked Questions about job discrimination in new york

Protecting Employment and Civil Rights

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FREQUENTLY ASKED QUESTIONS

Q1. I have been fired or laid off. What can I do?

ANSWER: Either employer or employee can terminate the relationship in “at will” employment, which is common in New York. However, an employer cannot fire you for an unlawful reason. For example, if the termination is the result of discrimination or retaliation for opposing unlawful bias, the law protects you. Consult with a lawyer about possible legal remedies.

Q2. I am being harassed at work. What can I do?

ANSWER: An employer cannot “harass” you for impermissible reasons. For example, if you are experiencing unwanted advances by a member of the oppose sex, or the boss seeks special favors, or if working conditions are becoming intolerable due to a sexually hostile work environment, you may be the victim of unlawful sexual harassment. Similarly, if you are being harassed due to your race, national origin, ethnicity, religion, disability or sexual orientation or sexual preference, you may be protected by the law. Or if you are harassed after “whistle-blowing”—the reporting of employer illegality—you may be protected by the law.

Q3. How can I afford an attorney if I have been fired or laid off from my job?

ANSWER: Some attorneys will provide a free initial consultation, often over the telephone. A reputable attorney will then provide guidance as to whether the facts warrant a closer look. If you have what looks like it may be a meritorious case, you can discuss a mutually acceptable retainer agreement with the attorney. Many attorneys who handle employment law cases will take cases on a contingency or partial contingency fee basis, where the bulk of litigation costs and attorneys’ fees are paid when the case is successful. Almost all attorneys in the employment law field require some financial contribution from the client “up front.”

Q4. Can I get my attorney’s fees paid from the employer.

ANSWER: This is possible. Both federal employment law statutes and the New York City Human Rights Law provide for the possible recovery of attorneys’ fee to be paid to a prevailing employee.

Q5. If I don’t wish to fight a case in court, is it still worth retaining a lawyer?

ANSWER: It is foolish to be one’s own lawyer. Even if you don’t wish to sue, a lawyer may be able to negotiate a beneficial “severance agreement” with the employer, or obtain better terms to a severance agreement which an employer may propose. The best advice is to consult with an employment lawyer.

Q6. If I am having problems at work, when should I speak with an attorney?

ANSWER: The sooner, the better. If you wait until you are fired, or resign out of frustration or as a result of intolerable work conditions, it may be too late. A good lawyer can provide you with sound advice to protect your legal interests.

For questions not answered here, send email to: Help@DiederichLaw.com

Michael Diederich, Attorney-at-Law

Serving Rockland, Westchester, the Hudson Valley,

in New York since 1994

Call 845-942-0795 for Free Consultation

Photo of Mike Diederich, civil rights and employment attorney-at-law

Diederich Law Office serves all of Westchester County, New York, including: Tarrytown, Tuckahoe, White Plains, Yonkers, Irvington, Larchmont, Mamaroneck, Mount Kisco, Mount Vernon, New Rochelle, Ardsley, Briarcliff Manor, Bronxville, Buchanan, Croton-on-Hudson, Dobbs Ferry, Elmsford, Harrison, Hastings-on-Hudson, Ossining, Peekskill, Pelham, Pelham Manor, Pleasantville, Port Chester, Rye, Rye Brook, Scarsdale, and Sleepy Hollow. Also serving all of Orange County, NY, including: Goshen, Middletown, Newburgh, Chester, Cornwall, Greenwood Lake, Harriman, Highland Falls, Monroe, Montgomery, Port Jervis, Tuxedo Park, Walden, Warwick, Washingtonmville, Unionville, and Woodbury. Serving all Rockland County, NY, including: Airmont, Haverstraw, Spring valley, Chestnut Ridge, Nyack, Piermont, Pomona, Montebello, Nanuet, Wesley Hills, New Square, Grandview, Suffern, Ramapo, Orangetown, Clarkstown, Blauvelt, Congers, Sloatsburg and Orangeburg.

And serving New York City, including: Bronx, Manhattan, Queens, Brooklyn