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
  • New York, 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. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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).

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