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Questions Answered by John J. P. Howley
2 Answers | Asked in Employment Law for New York on
Q: What are the legal options for the Plaintiff if municipality does not offer or decline a settle within 30 days

I understand that the municipality has 30 days to offer a settlement or decline after the 50h hearing. What are the legal options for the Plaintiff if they do not comply with the 30 days? I am in nyc and this is an employment discrimination case.

John J. P. Howley
John J. P. Howley answered on Sep 9, 2019

Your next step is most likely to commence a lawsuit if you have not already done so. You should consider retaining an experienced employment lawyer for such a lawsuit. There are many, complicated procedural requirements for pursuing an employment lawsuit. In addition, many judges assume that... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint

If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?

John J. P. Howley
John J. P. Howley answered on Jun 13, 2019

As a general rule, you cannot sue a defendant under Title VII unless they were named in the underlying EEOC charge. There are some exceptions, but those exceptions are very complicated. There are also ways to expedite the process of naming a missing defendant. My question to you is: Why do you... Read more »

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2 Answers | Asked in Employment Law for New York on
Q: The HRA of NYC is trying to terminate me because of my past convictions can I get a temporarily injunction
John J. P. Howley
John J. P. Howley answered on Feb 1, 2019

It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot... Read more »

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2 Answers | Asked in Employment Law for New York on
Q: looking for a lawyer to help me fight a wrongfully termination.
John J. P. Howley
John J. P. Howley answered on Jun 27, 2018

In order to help you, I would need to know why you believe the termination was wrongful. New York is an "employment at will" state. This means that you may be fired at any time for no reason. A termination is wrongful only if: (a) you are protected by an employment contract that requires a valid... Read more »

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4 Answers | Asked in Employment Law, Civil Rights and Employment Discrimination for New York on
Q: Should I sue a company that wrongfully terminated me I believe due to identity discrimination against the inclusive law?

Latin Caribbean transman fired by a Caucasian female without coherent reason. Boss never gave me information about Human Resources and fought me against paying for Unemployment Insurance. In a company predominantly white/heterosexual I was often berated and degraded as a sale associate by... Read more »

John J. P. Howley
John J. P. Howley answered on Jan 25, 2018

You have described the basic outlines of a sexual harassment/wrongful termination case. The devil will be in the details. You should consult with an experienced attorney to go over, among other things, the specific comments constituting verbal harassment, the specific comments and actions that... Read more »

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1 Answer | Asked in Employment Discrimination for New York on
Q: I'm an unpaid intern. Do discrimination laws apply to me?
John J. P. Howley
John J. P. Howley answered on Nov 1, 2016

In New York, yes. The New York Human Rights Law protects unpaid interns from discrimination based on age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, marital status, or domestic violence victim status.

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