What are the pros and cons of filing federal vs state lawsuit?

By Douglas Lipsky

It’s really got to be a case-by-case analysis with a sort of robust discussion on strategy between lawyer and the individual, but often times you can get better judges in a federal court. You may get a better jury pool in federal court. Your case will likely be faster even though you have the added delay of having to go to the EEOC first, once your case is in federal court, cases tend to move much quicker. In terms of what you have available to you in terms of recovery and damages, you can really have a combination of New York State Law and New York City Law claim that would allow you to recover the same and more damages than you would under a federal claim. It’s definitely important to speak to an employment lawyer before you decide where you want to file because there are pros and cons and as I said that the other timeframes are different. There’s advantages and disadvantages to both.

About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.