Albany, NY asked in Employment Law for New York

Q: Hello I live in Albany NY and I need either a Pro-Bono attorney or Contingent Employment Attorney. Please Help !

While working, I was injured on the job and went to the doctor on the same day. There was 4 employee witnesses and I told my boss also on the same. Because the nature of the incident and where the injury occurred "at the CEO's home" I was in fear of my job I started voice recording after I was injured. My Termination letter stated I didn't tell my boss but it was voice recorded.

Good thing I did because when I handed my medical note I was immediately fired. My termination letter states, "I was terminated because of job performance" but my voice recording of my boss immediately after my termination he clearly admits it was because I handed in the medical note.

I files a complaint with the Division of Human Rights and it was dually filed with EEOC. My question here is because filing a Workers Compensation claim is a Protected Activity is that sufficient enough for the EEOC to except my complaint ? My employer now refuses to answer EEOC Complaint.

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
  • Tarrytown, NY
  • Licensed in New York

A: #1. You definitely need a work comp lawyer. Retain one now! You only owe $ if they recover $ for you so it makes no sense not to.

#2. The EEOC or NYS DHR will determine whether you have enough facts to support discriminatory termination. Recording or no recording it's a fact issue. No case is a slam dunk.

You need to call employment lawyers many of them and discuss your facts now. Don't wait to receive a notice of right to sue letter. At that point you will only have 90 days to retain a lawyer and that may not be enough time.

We might take a contingent fee case. But your recording will not be the reason for doing so. The injury, how it happened, what you did, where you went, who you spoke to, what you said on multiple days over several days or weeks will determine whether a contingent fee is an option.

A skilled lawyer can probably determine that by speaking to you on the phone for 15 to 30 minutes. If you are still talking after 45 minutes maybe it's a claim for a contingent fee? Call employment lawyers many now! It does not really matter where they are so long as they litigate in the federal courts of New York State.

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