Brooklyn, NY asked in Employment Law for New York

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.

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2 Lawyer Answers
John J. P. Howley
John J. P. Howley
Answered
  • New York, NY
  • Licensed in New York

A: 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 individuals who represent themselves are doing so because no lawyer would take the case. If you have a strong case, many employment lawyers will take it on a full or partial contingency fee basis. This means that you will not pay any legal fees unless you win.

V. Jonas Urba agrees with this answer

1 user found this answer helpful

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

A: You need to ask your employment lawyer that question.

A 50-h examination can be devastating to a claim. Lots of preparation goes into that type of hearing because your testimony is now recorded and unless you reviewed the transcript for accuracy your testimony is what it is.

You need to obtain a copy of that transcript which you are entitled to and consult with an employment lawyer about it.

No one can be forced to settle an employment law claim. Not even after you file a lawsuit.

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