Ozone Park, NY asked in Employment Law, Civil Rights and Employment Discrimination for New York

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 co-workers without a resolution from managers. My concerns were never responded to even though my ethnic identity and sexual orientation was verbally harassed in an allegedly inclusive workplace. What are the chances of winning a civil, employment, discrimination case against a franchise company?

4 Lawyer Answers

Michael David Siegel

Answered
  • New York, NY
  • Licensed in New York

A: It depends on the facts. These cases are done on contingency. Call a firm to review your case. If you have a case, you should pay no fee. Anyone charging a fee is ripping you off.

John J. P. Howley

Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: 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 caused you to be berated and degraded, the substance and timing of any formal or informal complaints to HR or management about the harassing conduct, and the explanations your employer are likely to assert as the reasons for your termination. This is not something you should do on your own because the laws on transgender discrimination are complicated and still evolving. You should consult with a lawyer who has experience protecting transgender clients from discrimination. Most will give you a free initial consultation to determine if you have a strong case and, if you do, will take the case on a contingency fee basis.

Emre Polat Esq.

PREMIUM
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: You certainty have the right to do so and shouldn’t be subject to such conduct.

Gary Lane

Answered
  • Schenectady, NY
  • Licensed in New York

A: You have a few issues going on. As to the alleged discrimination, you can file a claim yourself with the NYS Division of Human Rights or the NYC Division of Human Rights if the venue is NYC. The process is fairly straightforward. You can also file in civil Court, but that would be difficult without an attorney. You cannot do both at the same time, and if your case is dismissed by the governmental entities, you will be barred from bringing a case to Court, depending on the reason for the dismissal, and of course the statute of limitations by the time you want to file in Court. So, you really need to make a decision on that. Also, while there are Federal Laws, the protect Discrimination based on Sex, but not "Sexual Orientation." The NYS Human Rights Law does prohibit discrimination based on sexual orientation. And again, you can go to the NYS Division of Human Rights or sue in civil Court. While I am not as familiar with the New York City issues, as I am located Upstate, the NYC Division of Human Rights does appear to provide better outcomes for the employee. Check with an attorney - no reason you could not get a free consultation.

As for the Unemployment Insurance, you would get Unemployment Insurance as long as the firing is not for "Cause,"(misconduct). So make sure to file and if it is denied, show up for your hearings.

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