If you have been discriminated against at work, you have options for recourse. You do not have to let this unfair practice ruin your financial success in life. Working with a legal professional may enable you to recover financial losses and start fresh.
A Buffalo employment discrimination lawyer from our law firm will fight to protect your rights. We prepare a strategy that puts your needs front and center. We offer a free, no-obligation consultation to discuss your case.
Recoverable Damages for Employment Discrimination
If you have suffered from employment discrimination, you have a long list of potential losses. Your lawyer will calculate the amount and extent of your damages to determine the amount of loss there is. Some categories of recoverable damages include the following:
- Current and future wages if you were unjustly fired
- Emotional pain and suffering
- Monetary recovery of lost benefits
- Attorney’s fees
- Punitive damages
Working with an employment discrimination lawyer in Buffalo can help alleviate the stress and anxiety of going through this ordeal on your own. Our goal is to ensure you can move on with life financially secure and unhindered. No one deserves to suffer needlessly due to discrimination.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
What Is Considered Employee Discrimination?
Employment discrimination occurs when an employer treats an employee differently because of some inherent characteristic. There are different ways that an employer can discriminate based on who a person is, but it is unlawful to do so. In fact, the employment discrimination laws stem from Title VII of the Civil Rights Act of 1964.
Title VII states that employment discrimination based on race, color, religion, sex, and national origin is prohibited. Over time, amendments were added, which included the recovery of compensatory and punitive damages. The U.S. Equal Employment Opportunity Commission (EEOC) also came out with an even more extensive list of the types of discrimination, including:
- National origin
If you are unsure that your situation qualifies, a Buffalo employment discrimination attorney can give you some examples of discrimination in the workplace. Our legal team will help you understand if the behavior you experienced is illegal discrimination and what steps to take.
Can You Sue Your Employer for Unfair Treatment?
When you have been discriminated against and lost your job or opportunities to progress in your current job, you may be wondering what you can do about it. Some people feel helpless and stuck in an impossible situation. However, you have legal rights and options as long as you follow proper protocol.
In New York, you have the right to file a lawsuit against your employer if you are the victim of job discrimination or illegal harassment. However, if your employer has violated federal law, you must first file a claim with the U.S. Equal Employment Opportunity Commission (EEOC). They will issue you the go-ahead to proceed with a legal suit.
Once you fill out the paperwork with the EEOC, they will investigate the issue and give you permission to go forward with your official case. An employment discrimination lawyer in Buffalo will be able to assist you with the entire process from start to finish.
How Much Can You Sue for Discrimination at Work?
The actual dollar amount you stand to receive from your employment discrimination case will depend on the size of the company that employs you and the losses you suffered. Compensatory and punitive damages are limited by the number of employees a company has. If your company employs:
- 15-100 employees, damages are limited to $50,000
- 101-200 employees, damages are limited to $100,000
- 201-500 employees, damages are limited to $200,000
- Over 500 employees, damages are limited to $300,000
These limits are put into place to protect smaller businesses from excessive litigation.
Your Buffalo employment discrimination lawyer can explain how these limits will affect your case.
Should I Hire a Buffalo Employment Discrimination Attorney?
Your employment discrimination attorney in Buffalo will make sure you fill out all the proper forms and manage the initial paperwork accurately. That way, when it is time to move forward, things can proceed smoothly. Your lawyer will handle many legal tasks for you, including:
- Gathering evidence
- Interviewing witnesses
- Filing paperwork
- Calculating damages
- Negotiating a settlement
With the aid of employment discrimination lawyers in Buffalo, you can recover the lost monetary damages from your situation. Our team is experienced in negotiating fair settlements and will ensure you recover your losses.
How Can I Help My Case?
There are steps you can take beforehand to show that you tried your best to defuse the situation before going to a lawyer. By documenting your past efforts to stop the discriminating acts, you can show a pattern of negative behavior that deserves a settlement.
Most employers will demand that you ask the aggressor to stop discriminating first. If you do so, take notes on when and where it happened, as well as a summary of the encounter. Do not record the meeting. If you have reason to fear the responsible party (i.e. a sexual harrassment situation), skip this step.
If the discrimination continues, go to HR and register a complaint through formal channels. Try to get a copy of your complaint paperwork and retain any record of interaction with them. In a decent company, HR will address the discriminating behavior. If they do not or they retaliate, then it’s time to reach out to a lawyer.
Getting State and Federal Agencies Involved
In addition to talking with a lawyer, you can reach out to these New York and Federal agencies so they can investigate your discrimination claim:
- Equal Employment Opportunity Commission (EEOC)
- New York Division of Human Rights (DHR)
- New York City Commission on Human Rights (CHR)
These agencies may ask for proof that you tried confronting the at-fault employee and filed a formal HR complaint. If they believe you have a case, they may start a lawsuit on your behalf automatically. You can still approach an employment discrimination lawyer for further advice.
If they feel you have a case but don’t feel it rises to the level of starting a lawsuit on their own accord, they will issue a “right to sue” letter. This is proof that you have a case. Bring it with you to your consultation.
How Long Does It Take to Settle a Discrimination Lawsuit?
The average discrimination lawsuit could take 1-2 years to settle. Unfortunately, there’s no way to know exactly how long your employment discrimination lawsuit will take to settle. If you are seeking a small settlement, chances are good that your case will settle fairly quickly.
On the other hand, a high-profile lawsuit seeking the maximum settlement will face pushback. The opposition will do everything in their power to reduce your payout. This kind of lawsuit could drag on for three years or longer.
Your Time to File Employment Discrimination Is Limited
Even though an employment discrimination lawsuit could take a year or more to settle, you have to start your claim in a timely fashion. There are multiple time limits for you to be aware of.
According to the Division of Human Rights (DHR), Governor Andrew Cuomo signed the New York State Human Rights Law. Not only does this law hold people accountable for discriminating or harassing employees, but it also extended the statute of limitations for filing a sexual harassment claim for up to three years.
Note that filing with the EEOC is a much shorter time deadline. If you plan to file a civil lawsuit, you have 180 days to file the claim. Our employment discrimination attorneys in Buffalo can help you understand which deadlines apply to your situation and file a claim before time runs out.
Hire a Buffalo Employment Discrimination Lawyer Today
If your employer is discriminating against you for illegal reasons or has done so in the past, seek the counsel of a Buffalo employment discrimination lawyer. The law protects you from employment discrimination and you have the right to recover financial losses.
Don’t let another day go by without resolving the problem. Get in touch with a member of our team today by calling the Morelli Law Firm. Our attorneys will explore every avenue to find financial relief for your situation.