Legal Question in Employment Law in New York

Employment Law

I was recently fired from my job of 4 yrs. The reason given is that I had one unscheduled absent and 2 lateness. I was one of 3 black employees in my department. My employer is comprised of mostly white and espanic. I feel I was unjustly terminated as I was never given any written warning as to my absent/lateness. Can I file a valid claim of discrimantion against my former employer.


Asked on 6/25/09, 2:19 pm

2 Answers from Attorneys

Randall Brett Law Office of Randall P. Brett

Re: Employment Law

You should contact the Equal Employment Opportunity Commisson office; there is one in New York City and I believe there is another in Albany. Alternatively, you can contact the New York Division of Human Rights (http://www.dhr.state.ny.us/) for assistance. Both the DHR and the EEOC staff will assist you in completing the complaint forms and once you do, they will investigate your allegations. If the investigation shows that you have grounds for a charge under Federal law, the EEOC may pursue the matter on your behalf. If you have grounds under New York state law, the DHR may take action. If the agencies do not pursue this, you will be issued a right to sue letter, at which time you should retain an attorney to file a suit on your behalf in court. If you would like to talk with an attorney to discuss this matter before you approach the federal or state agence, please feel free to contact me.

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Answered on 6/25/09, 2:43 pm
Locksley Wade Law Office of Locksley O. Wade

Re: Employment Law

You can certainly file a claim of employment discrimination; however, it all depends on what proof you have to offer other than being 1 of 3 Black employees. For example, do you have any information on whether you were treated any differently than the other non-Black employees? Did they any of your supervisors make any discriminatory remarks in your presence? Do you have any witnesses or know of persons who may have creditable information on workplace discrimination at your former employer? These are just some of the questions that you will be asked by the EEOC or a State agency or any attorney who reviews your case. Best wishes.

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Answered on 6/25/09, 3:07 pm


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