New York, NY asked in Employment Discrimination for New York

Q: I feel as though I been discriminated against at my job where as my supervisor denied me overtime for years threatens me

Tried to terminate me on my vacation I have a case with the eeoc I can request the letter to sue but I need a lawyer to explain to me abt this

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

A: Were you discriminated against because of your race, sex, religion, national origin, marital status, disability, etc....

Being denied overtime because your supervisor does not like you is NOT illegal.

Being denied overtime because you are black, Hispanic, female or disabled MIGHT be illegal with a plausible theory of recovery.

What is a plausible theory? It's usually something that a skilled employment lawyer pieces together based on your facts, sometimes the facts from other witnesses and often from your employment records such as emails, text messages and even performance evaluations.

Filing EEOC charges is not usually our first choice. Because if you receive a Notice of Right to Sue letter you will only have 90 days to file a lawsuit.

And most skilled employment lawyers may not accept a weak fact employment claim which has to be more than a hunch or possibility purely on contingent fee.

If your employer agrees to voluntary mediation at the EEOC by all means lawyer up for that day of mediation and do your best to reach resolution because the alternative could take years, maybe even a decade, with no guarantees at the end. COVID-19 will likely push ADR to the forefront and if your facts merit that option then pursue it!

Derek John Soltis agrees with this answer

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