How an Article 78 Proceedings May Affect Your Right to Sue Later

Article 78 proceedings allow public employees in New York to challenge disciplinary or termination decisions made by their employer. A public employee must typically go through an administrative review process first. But if the employee is not satisfied with the outcome, he or she may initiate an Article 78 proceeding in

Can a Former Employer Retaliate Against Me for Suing Them?

There are situations in which a person affected by gender discrimination or similar forms of illegal conduct is reluctant to come forward and pursue a claim because he or she fears retaliation from an employer (or former employer). For instance, what happens if a wrongfully terminated employee files a discrimination lawsuit, only

Does New York City Anti-Discrimination Law Apply Outside of the Five Boroughs?

As one of the most diverse cities in the world, New York City has adopted its own local laws designed to combat problems such as race and nationality discrimination. The New York City Human Rights Law (NYCHRL) offers similar–yet in many cases broader–protections against employment discrimination than either federal or state

Is an Arbitration Agreement Binding if I do Not Sign it?

There are many situations in which a claim for employment discrimination or overtime and wage hour violations are subject to a binding arbitration agreement. Many employees are asked to sign such agreements as a condition of employment. Even employees who do not directly sign an arbitration agreement may still be bound by one if

The Risks of Representing Yourself in an Employment Discrimination Claim

Many people attempt to deal with an employment discrimination without first consulting a qualified attorney. This is often a mistake for several reasons. For one thing, there is a specific legal process employees must follow when pursuing a discrimination charge. If the worker fails to understand this process, it can doom the

When can a Court Overturn an Arbitration Award in a Discrimination Case?

Many New York employees are subject to arbitration agreements. This means that if they are victims of employment discrimination or any other illegal act arising from their employment, their claim will be heard by an arbitrator instead of a judge. Although arbitration is often criticized as unfairly weighted in favor of employers,