New York, NY asked in Employment Law and Employment Discrimination for New York

Q: Trying to understand the pros/cons to filing employment complaints at the City or State level (new york).

I live and work in NYC. Have numerous documented wage/hour issues, first year I was incorrectly paid as an independent contractor due to tax issues (employer put that in writing, lol) , and numerous discrimination type issues. Its'a very small employer, so I don' think it would be worth my while to hire an attorney as I doubt the LLC /owner have the funds to make it worthwhile. I have very little faith in the different NYC agencies I've contacted over the years....so I was wondering if I'm better off filing my complaints at the New YOrk State or New York City level?

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

A: Wage and hour issues are separate from discrimination claims. The state DOL oversees pay practices of employers statewide. You may have to file a small claims court complaint to collect unpaid wages if the employer has the means or incentive to pay. If they refuse to pay after you secure a court order a collections attorney might be necessary.

Discrimination protected against by the New York State Executive Law for race, sex, religion, color, national origin, many other protected classes, to which you might belong, may be filed online with the New York State Division of Human Rights. It's a 1 year statute of limitations. Good luck.

Derek John Soltis agrees with this answer

Derek John Soltis
Derek John Soltis
Answered
  • Employment Law Lawyer
  • Jersey City, NJ
  • Licensed in New York

A: Talk to an attorney. Go over the specifics of what has happened. Depending on the size of the company it may be worth going after them. EIther with the department of labor or even an EEOC complaint.

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