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?

2 Lawyer Answers
Charles William Michaels
Charles William Michaels
  • Appeals & Appellate Lawyer
  • Columbia, MD

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.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Appeals & Appellate Lawyer
  • Sacramento, CA

A: 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.