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If you’re dealing with discrimination or sexual harassment at work, having infofmed representation is crucial. Some people wait until they’ve been terminated to call an attorney, but legal protections often begin much earlier. Here’s what you need to know about hiring an attorney after experiencing discrimination or harassment in the workplace.
After the First Incident
The best time to understand your rights is often at the very start. A single incident of harassment — such as an inappropriate comment, physical contact, or being excluded from opportunities because of your gender, religion, race, or other protected trait — can be enough to justify seeking legal advice.
By contacting an attorney early, you can:
- Clarify what counts as illegal discrimination or harassment under federal, state, and city law.
- Learn how to document events effectively (emails, messages, witnesses).
- Protect yourself from common pitfalls when reporting to HR.
Taking action at this stage doesn’t necessarily mean suing your employer. It means equipping yourself with knowledge and a strategy.
When Retaliation Appears
Many employees reach out for legal help after they’ve spoken up internally and notice retaliation. Warning signs include:
- A sudden poor performance review after years of good evaluations
- Unexplained shift changes or demotions
- Being excluded from meetings, training, or advancement opportunities
This type of retaliation is unlawful. If you’re unsure, turn to Lipsky Lowe. We can help you document retaliation and decide whether to negotiate, escalate internally, or pursue formal legal action.
Upon Termination
Losing your job is often the breaking point. But firing an employee after they’ve reported discrimination or harassment may be direct evidence of retaliation. At this stage, a lawyer can review:
- Whether the termination was legally justified or unlawful
- What damages you may recover, such as back pay, benefits, or reinstatement
- Whether a severance agreement should be challenged or renegotiated
Don’t assume termination ends your rights. In many cases, it triggers stronger legal protections.
Statute of Limitations in NYC
Timing is crucial because legal claims have specific deadlines. Here’s a quick snapshot:
- Federal law (Title VII, ADA, ADEA)–File with the EEOC within 300 days of the incident.
- New York State Human Rights Law (NYSHRL)–Up to 3 years to file directly in court.
- New York City Human Rights Law (NYCHRL)–Up to 3 years to file directly in court.
- Retaliation or wage claims: May have shorter windows (sometimes 2 years).
Waiting too long could mean losing your right to bring a claim entirely. Consulting a lawyer early ensures you don’t miss critical deadlines.
Why Early Legal Counsel Helps
Even if you aren’t ready to pursue a case, early advice can make a difference:
- Evidence preservation–Attorneys can guide you on saving emails, text messages, and records that may prove retaliation or harassment.
- Negotiation leverage–A lawyer can step in before litigation to negotiate workplace changes, settlements, or severance terms.
- Understanding remedies–You’ll know what types of compensation and relief are available.
- Reduced stress: Clarity on your options can ease the uncertainty of a difficult situation.
When to Hire an Employment Lawyer in NYC
Ask yourself these questions:
- Has there been a first significant incident of harassment or discrimination?
- Have you experienced retaliation after filing a complaint?
- Have you been fired or pressured to resign after speaking up?
- Have you been asked to sign a severance agreement that waives legal claims?
- Are you concerned about filing deadlines closing in?
If the answer to any of these is “yes,” it’s time to seek legal guidance.
Talk to an Employment Lawyer in NYC
You don’t have to wait for your situation to spiral out of control before asking for help. Early legal advice often means stronger claims and better results. If you’re facing discrimination or harassment in the workplace, contact Lipsky Lowe today to schedule a confidential consultation.