Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?
I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount.
Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.
Judge told me that I could not sue for loss wages, because I had not reported that I had yet been terminated by company.
Judge informed me that I could not move forward with an EEOC complaint of which included a violation of illegal termination & since I was now agreeing to NYSDHR settlement which was now lessened because I had failed to report I'd been terminated.
The Respondents lawyer was asked by Judge how was I terminated; the respondents lawyer said that i'd just walked off the job. The judge went with that even though NYDHR accepted documents from me as well as recordings proving I was unlawfully terminated.
Does EEOC claims not carry over to NYS DHR once NYSDHR begins to investigate your claim?
A: First, I am not a New York attorney. But if you have already agreed to a settlement, my impression is that you have also agreed to waive your appeal rights. However, I am not privy to the settlement documentations-- perhaps the appeal rights were not addressed. The fact that your attorney was on vacation during the settlement negotiations doesn't play a role in the ultimate result, I would think.
If you've agreed to a settlement in a New York State Division of Human Rights (NYS DHR) case and wish to appeal, you should be aware that typically, a settlement agreement is final and binding once signed.
However, if you believe you were under duress or there were other improprieties in the settlement process, you may have grounds to seek to have the settlement set aside.
The process usually involves filing a motion in court to vacate the settlement. You'd need to present evidence of the duress or the failures you believe occurred during the settlement process. As for EEOC claims, they can be dual-filed with the NYSDHR, but the specifics of transferring claims between the two agencies should be discussed with an attorney. Given the complexities of your situation, seeking legal advice as soon as possible to explore your options would be important.
Time is of the essence in these matters, especially if there are deadlines for filing an appeal or other post-settlement motions.
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