worker's comp discrimination lawyer
i am in need of a worker's comp discrimination lawyer
1 answer | asked Jan 3, 2004 2:13 PM [EST] | applies to New York
Answers (1)
Workers' Compensation Discrimination
In New York, if you do not have an employment contract (or are NOT represented by a labor union), you are an "employee-at-will." This means that an employer can harass, discipline or even fire you for any reason, no reason, good reason or bad reason. Believe it or not, they can fire you because you are a Buffalo Bills fan.
There are some exceptions, however, to the employment-at-will doctrine. The employer cannot take adverse action against you that is motivated by your race, religion, sex, national origin, age, disability, marital status, military status or sexual orientation. Moreover, it is illegal for an employer to retaliate against someone who complains in good faith about these forms of unlawful discrimination.
If you can prove that one or more of these factors has motivated how you were treated, there are federal and state laws that may protect you. The federal law (which has the better remedies) is enforced by a federal government agency known as the Equal Employment Opportunity Commission ["EEOC"].
To protect your rights under these laws, you must first file a charge of discrimination with the EEOC WITHIN 300 DAYS from the date of the event that you wish to challenge. You do not have to hire a lawyer to file a charge with the EEOC. To contact the EEOC, call the Buffalo office at (800) 669-4000. You can visit the EEOC web site at http://www.eeoc.gov
Section 120 of the NY Workers' Compensation Law prohibits an employer from discriminating against an employee because he filed a Workers' Compensation claim or otherwise participated in such a claim (e.g., by testifying).
To learn more about Section 120, including getting the complaint form, check out:
http://www.wcb.state.ny.us/content/main/forms/dc120.pdf
WC discrimination claims are very difficult at the WC law judges don't like them much. Notwithstanding, you should get an evaluation from a qualified lawyer before starting a claim.
The statute of limitations to file a WC discrimination claim is 2 years from the date of the event you want to challenge.
Good luck.
posted by Steven V. Modica | Jan 3, 2004 3:24 PM [EST]
In New York, if you do not have an employment contract (or are NOT represented by a labor union), you are an "employee-at-will." This means that an employer can harass, discipline or even fire you for any reason, no reason, good reason or bad reason. Believe it or not, they can fire you because you are a Buffalo Bills fan.
There are some exceptions, however, to the employment-at-will doctrine. The employer cannot take adverse action against you that is motivated by your race, religion, sex, national origin, age, disability, marital status, military status or sexual orientation. Moreover, it is illegal for an employer to retaliate against someone who complains in good faith about these forms of unlawful discrimination.
If you can prove that one or more of these factors has motivated how you were treated, there are federal and state laws that may protect you. The federal law (which has the better remedies) is enforced by a federal government agency known as the Equal Employment Opportunity Commission ["EEOC"].
To protect your rights under these laws, you must first file a charge of discrimination with the EEOC WITHIN 300 DAYS from the date of the event that you wish to challenge. You do not have to hire a lawyer to file a charge with the EEOC. To contact the EEOC, call the Buffalo office at (800) 669-4000. You can visit the EEOC web site at http://www.eeoc.gov
Section 120 of the NY Workers' Compensation Law prohibits an employer from discriminating against an employee because he filed a Workers' Compensation claim or otherwise participated in such a claim (e.g., by testifying).
To learn more about Section 120, including getting the complaint form, check out:
http://www.wcb.state.ny.us/content/main/forms/dc120.pdf
WC discrimination claims are very difficult at the WC law judges don't like them much. Notwithstanding, you should get an evaluation from a qualified lawyer before starting a claim.
The statute of limitations to file a WC discrimination claim is 2 years from the date of the event you want to challenge.
Good luck.
posted by Steven V. Modica | Jan 3, 2004 3:24 PM [EST]
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