Charlotte, NC asked in Employment Law and Workers' Compensation for New York

Q: I have/diagnosed with bi-lateral carpal tunnel syndrome in 2015, fell at work Oct 2015 and have an active WC claim and

received a separation letter from my employer while i'm on medical leave since mid-Jan 2018 to present. I have a legal counsel helping me to negotiate a termination package, however not totally satisfied as I feel I'm being medically discriminated against and now terminated, but if i sign the company agreement i lose all rights to sue. If I were to sue do I have to put upfront monies to litigate?

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: If this is a North Carolina case I have no idea.

In New York you may or may not incur costs. It depends on where you file charges or a complaint. The more important question might be the cost of waiting years to resolve your matter. Federal court in New York state is often 2 and closer to 3 or 4 years in some instances to get to a jury assuming no dismissal on summary judgment. Speak with your attorney. There is time value to settlement and your lawyer will explain what that means.

Michael Diederich Jr.
Michael Diederich Jr.
Answered
  • Stony Point, NY
  • Licensed in New York

A: Law firms representing employees or terminated employees can assess cases differently. I might decide that I can handle a case without requiring any payment toward my attorney fees, whereas another firm might demand the payment of fees. If your present attorney requires upfront money to litigation, you may wish to shop around to see how other law firms view your case.

If you are unable to perform a job, it is likely that you will not find any law firms willing to take on the matter (though the only way to know for sure is to seek individual advice from a competent lawyer, based upon your specific facts).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.