If your current employer or a former employer violated one or more federal and/or New York employment laws, you can file a claim that seeks just compensation.
However, going it alone in a civil lawsuit can lead to a bad outcome, as most employers retain the legal services of an attorney.
Working with a New York employment law lawyer can help you build a strong enough case that leads to a settlement or a favorable ruling by the judge overseeing your case. Working with a New York employment attorney ensures you file a claim before the end of the statute of limitations.
What Does a New York Employment Law Attorney Do?
Hiring an employment law lawyer in New York is not all about litigation. In fact, most employment lawyers try to reach settlements with the legal counsel representing an employer.
The negotiation process can last one session or it can run for several weeks until both parties agree on a settlement. New York employment law attorneys must understand the different types of employment statutes that include discrimination, retaliation, and sexual harassment in the workplace.
If your New York employment law attorney decides to file a civil lawsuit against your employer, the lawsuit can seek the following types of damages:
- Back wages
- Retirement and health insurance benefits
- Job search expenses
Many employment law attorneys work with employers to gain approval for an employee to return to work. Sometimes, both parties agree to put any legal issues behind them and move forward with a new and improved working relationship.
What Types of Claims Does a New York Employment Law Attorney Handle?
An employment law lawyer in New York should specialize in the type of employment law claim that you want to file. For instance, you want to work with an employment law attorney who may specializes in wrongful termination cases if you believe your employer terminated you for unlawful reasons.
In addition to wrongful termination claims, a New York employment law attorney can specialize in the following types of claims:
- Unsafe workplace
- Wage theft
- Not paying the minimum wage
- Union matters
- Privacy rights
New York employment law lawyers have three options for filing a workplace discrimination claim. Your lawyer can either file a discrimination claim with the New York Division of Human Rights (DHR) or the Equal Employment Opportunity Commission (EEOC).
Both agencies operate on an information-sharing arrangement, which means that if your lawyer decides to file a claim with the DHR, the DHR shares your information with the EEOC.
The third discrimination claim filing option concerns attorneys that practice employment law in New York City. The New York City Commission on Human Rights (CHR) processes discrimination claims for employees that work in the city.
How Much Does an Employment Law Attorney in New York Cost?
Filing a New York employment law claim does not have to cost you any upfront money. Many lawyers operate on a contingency fee basis, which means they get paid when they win an award for just compensation.
They take a percentage of what a client receives for enduring one or more employment law violations. The percentage an employment attorney takes varies between 25 percent and 40 percent, depending on the complexity of the case and the reputation of the lawyer handling the case.
Hourly payment arrangements can quickly run a legal bill up into the thousands of dollars. The only reason why you might want to pay your employment lawyer by the hour is if the claim you want to file does not appear to require much time to resolve.
Make sure you get everything in writing when agreeing to a payment arrangement with a New York employment law attorney. Some attorneys waive fees such as court costs until a claim is resolved.
How Do I Find an Employment Law Attorney in New York?
The New York Bar Association offers a lawyer referral and information service that allows workers to narrow their searches for the right employment law attorney.
If you know someone who has worked with an employment law lawyer, ask that person how the attorney did with a claim. A recommendation from someone that you trust is the most effective way to hire an experienced employment law lawyer.
Visit the Better Business Bureau (BBB) page devoted to every attorney on your short list. The BBB hands out ratings to attorneys based on client feedback.
Schedule a free case evaluation with an employment law lawyer to determine whether you should file a claim or try to settle with your employer.
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