New York is an at-will employment state, which means an employer may generally terminate an employee at any time for a lawful reason or for no stated reason. However, an employer cannot fire you for a discriminatory reason, or in retaliation for exercising certain workplace rights. An employment contract, collective bargaining agreement, or other enforceable agreement may provide additional protections.

Lipsky Lowe offers an initial consultation at no cost. Many employee-side cases are handled on a contingency fee basis, meaning attorneys’ fees are paid from any recovery rather than requiring an upfront legal fee. We can explain the potential fee arrangement for your particular matter during the consultation.

Consultations with an employment attorney are confidential. Contacting a lawyer does not automatically notify your employer, and speaking with an attorney does not require you to file a claim or take legal action. You can use the consultation to learn about your rights and decide how you want to proceed.

The deadline depends on the type of employment claim and the applicable law. For example, certain federal discrimination charges generally must be filed with the EEOC within 300 days in New York, while some New York wage claims have a six-year limitations period. Because deadlines vary significantly, speak with an attorney early to determine how much time applies to your particular claim.

Not necessarily. Whether you should report workplace conduct internally depends on the type of claim and the circumstances. In some cases, an internal complaint can give the employer an opportunity to address the problem and create a record showing when concerns were raised. An employment attorney can help you determine whether reporting to HR is appropriate and how to document your concerns.