Can You Sue Your Employer in New York State?

As legal experts specializing in employment law, one of the most common questions our law firm hears is whether individuals can sue their employers in New York State. The answer to this question is nuanced and depends on various factors.

What do you need to know?

Can You Sue Your Employer in New York State?

In New York State, employees generally have the right to sue their employers under certain circumstances. However, there are limitations and legal considerations to be aware of.

New York follows the doctrine of employment-at-will. This means that in the absence of an employment contract specifying otherwise, either the employer or the employee can terminate the employment relationship at any time and for any reason. They can do so as long as it’s not illegal discrimination or retaliation.

Grounds for Suing Your Employer

While the employment-at-will doctrine may seem to limit employees’ ability to sue their employers, there are several situations in which legal action may be warranted:

• Discrimination: If you believe you have been discriminated against based on characteristics such as race, gender, age, disability, or religion, you may have grounds for a discrimination lawsuit under federal and state anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law.
• Harassment: Employees have the right to work in an environment free from harassment, including sexual harassment, hostile work environment, or retaliation for reporting harassment. If your employer has failed to address harassment complaints or has retaliated against you for reporting harassment, you may have grounds for legal action.
• Retaliation: It is illegal for employers to retaliate against employees for engaging in protected activities, such as filing a workers’ compensation claim, reporting workplace safety violations, or whistleblowing. If you have suffered adverse employment actions, such as termination, demotion, or harassment, as a result of exercising your legal rights, you may have a retaliation claim.
• Breach of Contract: If you have an employment contract that specifies terms and conditions of employment, such as salary, benefits, or termination procedures, and your employer has violated those terms, you may have grounds for a breach of contract lawsuit.

Impact on Workers’ Compensation and Disability Rights

It’s important to note that suing your employer does not necessarily eliminate your rights regarding workers’ compensation or disability benefits. Workers’ compensation is a no-fault insurance system. It provides benefits to employees who suffer work-related injuries or illnesses, regardless of fault. However, filing a lawsuit against your employer may impact your ability to collect workers’ compensation benefits. This is because it may be considered an acknowledgment that your injury was not work-related.

Similarly, if you have a disability and require accommodations in the workplace, filing a lawsuit does not preclude you from seeking disability accommodations under the Americans with Disabilities Act (ADA) or the New York State Human Rights Law.

Why Hire an Employment Attorney?

Navigating the complexities of employment law and pursuing legal action against your employer can be challenging without the guidance of an experienced employment attorney. Here’s why hiring legal representation is crucial:

• Legal Expertise: Employment attorneys have in-depth knowledge of federal and state employment laws. They assess the merits of your case and advise you on your rights. They’ll also develop a strategic legal strategy tailored to your specific situation.
• Case Evaluation: An attorney can evaluate the strength of your case. They’ll determine whether you have grounds for legal action against your employer. They can also help you understand the potential outcomes and risks involved in pursuing litigation.
• Negotiation and Advocacy: If litigation becomes necessary, an attorney can represent you in negotiations with your employer. They’ll also represent you in court proceedings. They’re advocates of your rights and seek a favorable resolution on your behalf.
• Protecting Your Rights: Your attorney will ensure that your rights are protected throughout the legal process. This includes preserving evidence, complying with procedural requirements, and advocating for fair compensation or remedies.

If you’re wondering if you should file a claim against your employer or you’ve decided to do so and you need assistance, we can help. Contact Borrelli & Associates, P.L.L.C. for more information.