Workplace Harassment Stops Here!
Is it worth it to sue your employer?
If you are wondering if it’s worth it to sue your employer, now is the time to consult a lawyer. Suing your employer can have far-reaching consequences that you may not realize without legal advice. Also, there are many laws and procedures to follow during the process.

What Would Stop You From Taking Legal Action?

Many employees fear rocking the boat at work. They go to work every day and don’t complain about potentially illegal or harmful practices. This is common because employers usually have more power in the relationship. Employees are inherently at a disadvantage in the workplace.

Unfortunately, discriminatory practices at work can harm employees’ dignity, confidence, and relationships. For example, employees could face sexual harassment or discrimination due to race, national origin, age, religion, disability, pregnancy, or another trait protected by law. When employees do not speak up, employers can continue their harmful practices without any penalties. But sadly, employees who do speak up could face retaliation or even wrongful termination.

Employees who deal with discrimination or harassment in the workplace want it to stop. But it’s often not as simple as asking for an end to these illegal practices. Sometimes legal action is necessary to put an employer on notice. How should an employee who is facing harassment or discrimination decide what to do in this situation? Should they sue their employer? Complain to a supervisor? Call the Department of Labor? Post a negative review online? In this situation, the first and best thing an employee can do is call a lawyer.

Experienced Lawyers Can Help with Discrimination and Harassment at Work

Anyone thinking about suing their employer needs to talk to a lawyer first. An experienced discrimination and employment lawyer will be familiar with the laws and procedures that apply. After they hear about your experiences at work, they may be able to give legal advice or practical suggestions about how to move forward. Each workplace situation is different, so it’s important to get legal advice specific to your circumstances.

Although you might think that suing your employer is the only way to proceed, that may not be true. Other potential options depending on the case could be filing a complaint, contacting Human Resources, negotiating a settlement, or going to a mediation. There is no one-size-fits-all solution for every case. That is why you need a lawyer’s advice on the best way to handle your claim. 

You may think that you can handle a discrimination or harassment issue at work on your own. This may not be a good idea. The employment and labor laws are complex, and new court rulings mean that interpretation of the laws changes frequently. There are also pre-litigation and court procedures that apply in this kind of case. As an example, employers who are sued for discrimination often have their large law firms file special motions asking the court to dismiss the case. If the court grants one of these summary judgment motions in an employer’s favor, the employee loses the case and it gets dismissed. There is no opportunity to explain the facts to a jury. This is only one of the major hurdles that employees may face when pursuing their claims against employers. As a result, you need the experience and know-how of a lawyer who focuses exclusively on discrimination and employment law cases. This kind of lawyer can help you reach your best outcome.

What Can You Expect When You Get a Lawyer?

You may think that once you find a lawyer, you can file a lawsuit against your employer immediately. Phillips & Associates offers free initial consultations to eligible prospective clients to see if their cases are a good fit for our team of lawyers. After an initial consultation, the next step may not be suing an employer immediately. It depends on the circumstances of an individual harassment or discrimination case. Your lawyer can explain what your options may be and which way they recommend proceeding. This could involve filing a lawsuit, or it could include a wide variety of other options available in employment and discrimination cases.

If you’re facing harassment or discrimination at work, reach out to the experienced employment attorneys at Phillips & Associates. Our team takes pride in only representing employees and going toe to toe with other large firms. You won’t be outgunned by the big firm your employer hires to defend itself. For a free consultation, call the experienced New York discrimination and wrongful termination attorneys at Phillips & Associates today at (212) 248-7431.
At Phillips & Associates- We Level the Playing Field

Employees were, and for the most part still are, at a big disadvantage in the workplace. There is a dramatic power imbalance between employees and the companies for which they work. This power balance can intensify after experiencing sexual harassment or discrimination. The company/employer often hires a large law firm to represent it, while the employee may have just lost their job, have very little money and no one to help them understand their rights. At Phillips & Associates, we have the experience, staffing, and financial backing to keep the playing field level. People need to take a close look at the lawyer or law firm they want to hire and determine if that lawyer or firm has the funds, experience and the resources to properly litigate their case. 

Phillips & Associates, one of the largest plaintiffs’ only employment law firms in New York. The firm handles cases involving sexual harassment and discrimination in the workplace including pregnancy, race, disability, religion, gender, and sexual orientation and other protected traits. Phillips & Associates also handles other areas of harassment at work such as retaliation and wrongful termination. Most recently Phillips & Associates was selected as one of the “10 Best Employment & Labor Law Firms in New York” by the American Institute of Legal Counsel.
The Four Essential Elements of a Successful Age Discrimination Claim in New York, and How to Make Your Case Satisfies All of Them
Each successful employment discrimination lawsuit outcome has certain things in common with all other successful case results. One of the most fundamental things all of these have in common is a well-written complaint that does a good job clearly conveying the facts and that plainly and correctly lays out the applicable law. Each of us has certain things that we’re good at based on professional expertise. If you’re not an attorney, chances are writing a well-pled civil complaint isn’t one of them. Given how critical this piece is to your overall success, it is well worth your while to have an experienced New York workplace discrimination lawyer on your side from the very start.

A “well-written complaint” does certain things highly effectively. One of those things is language that clearly sets out the required elements of your claim and how the facts you alleged meet each of those.

An age discrimination complaint filed by a New York City doctor is a good example of this, as evidenced by the doctor’s success in defeating his former employer’s request for a dismissal of the lawsuit.
How Much is a Sexual Harassment / Discrimination Case Worth?
The value of a sexual harassment case depends on a number of factors. First, we look at the severity of the sexual harassment. Second, we look at the amount of time you had to endure the sexual harassment. Third, we look at any financial loss due to the unlawful termination. You also have to look at the damages available based on the statute you're suing under. The damages and remedies include lost wages, compensatory damages, punitive damages, and attorneys' fees. Lost wages are based on how much you earned and how long you were out of work. It can include front pay and back pay. Compensatory damages are meant to compensate you for any emotional distress you may have suffered. Punitive damages are meant to punish the sexual harasser. And, finally, if you prevail at trial, you may be entitled to attorneys' fees, which are based on the amount of hours your attorney worked. Our attorneys have experience calculating and helping you to prepare to prove your damages in court.
With the staff and experience to take on any size case, the team at Phillips & Associates are focused on helping employees fight for their workplace rights. Employers often have big law firms, we have the experience, staffing, and financial backing to keep the playing field level. You can be confident that you're getting aggressive, high-quality, and compassionate representation for your case.
(212) 248-7431
The information you obtain in this newsletter is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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