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KNOW YOUR RIGHTS

FREQUENTLY ASKED QUESTIONS ABOUT Know Your Workplace Rights


What are my rights as an employee in New York?

New York employees are protected from wrongful termination in violation of public policy or contract; workplace discrimination and harassment based on race, gender, age, disability, or pregnancy; retaliation for reporting violations; and are entitled to negotiated severance and properly paid commissions under New York and federal law.

What counts as wrongful termination?

While most New York employees are “at-will” and can be fired for any legal reason, termination becomes wrongful when it violates an employment contract, breaches an implied covenant, or is motivated by discrimination, retaliation, or another reason prohibited by law.

Can my employer retaliate against me for reporting discrimination or harassment?

No. New York State Human Rights Law, New York City Human Rights Law, and federal laws including Title VII of the Civil Rights Act prohibit employers from retaliating against employees who report discrimination, harassment, or other unlawful workplace conduct.

Do I need a lawyer for a workplace discrimination claim?

While not legally required, an experienced employment discrimination attorney can help identify all viable claims, meet strict filing deadlines, and negotiate from a stronger position. Most firms, including Fitapelli & Schaffer, LLP, offer free consultations to evaluate a claim before you decide.

How much does it cost to hire an employment lawyer?

Fitapelli & Schaffer, LLP generally handles employment cases on a contingency fee basis, meaning there are typically no upfront legal fees, and the firm is paid only if the case results in a recovery.

How long do I have to file a discrimination claim in New York?

Deadlines vary by claim type and agency. For example, claims filed with the EEOC generally must be brought within 300 days of the discriminatory act, while claims under the New York State or City Human Rights Law generally allow up to three years, so it's important to consult an attorney promptly to preserve your rights.

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