Choosing an employment lawyer is a decision that deserves some thought. If you are dealing with discrimination, harassment, retaliation, unpaid wages, wrongful termination, or another workplace problem, you may already feel uncertain about what to do next. You may also be worried about your job, your finances, your reputation, or whether pursuing a claim could make your situation worse.
The right attorney should do more than tell you that you may have a case. You should feel comfortable asking questions and confident that you understand your options.
Employment law covers a wide range of issues, and experience with one type of claim does not necessarily mean an attorney regularly handles another.
Ask whether the lawyer has experience with the specific issue you are facing. That might include discrimination, workplace harassment, retaliation, wage and overtime violations, wrongful termination, worker misclassification, whistleblower claims, or employment contracts.
You also want an attorney who understands the differences between New York State law and the laws that apply specifically in New York City. NYC employees may have protections under the New York City Human Rights Law that go beyond federal or state protections.
A consultation should give you an opportunity to explain what happened and ask how the law may apply.
Do not be afraid to give the attorney the uncomfortable details. Explain what your employer said or did, when it happened, who was involved, and what happened afterward. The attorney needs the facts, not a polished version of the story.
An experienced employment lawyer should also be willing to tell you when the facts present challenges. You want honest legal guidance, not simply someone who tells you what you want to hear.
Not every employment dispute needs to become a lawsuit.
Depending on the circumstances, your options might include reporting the conduct internally, negotiating with your employer, filing an administrative complaint, pursuing a legal claim, or attempting to resolve the matter before litigation.
Ask the attorney to explain the potential paths forward and the advantages and disadvantages of each. You should understand what you are considering before making a major decision about your employment.
This may be one of the most important questions to ask.
You may be reluctant to pursue a workplace claim because you still work for the company and depend on your paycheck. You may worry about being fired, losing opportunities, receiving a negative reference, or being viewed differently by coworkers.
Those concerns should be part of the conversation with your attorney. A legal strategy should account for your professional and financial circumstances, not just the possibility of filing a claim.
Depending on the issue, New York and federal laws may also protect employees from retaliation for certain forms of protected activity. Understanding those protections before you act can help you make more informed decisions.
Ask what documents and other information the attorney wants you to keep. Emails, text messages, employment agreements, pay records, performance reviews, disciplinary notices, schedules, and other communications may become important.
You should also ask how to preserve evidence appropriately. Do not assume that because you have access to information through your workplace computer or email account, you are automatically entitled to take or keep everything.
Yes, and this is one reason you should not wait indefinitely before getting advice.
Employment claims can have different filing deadlines depending on the law and the type of claim involved. For example, claims under different federal, state, and city laws may be subject to different time limits. Courts can dismiss claims that are filed after the applicable limitations period expires.
An attorney can help determine which deadlines apply to your particular situation.
Legal matters can become stressful, especially when your employment is involved. Ask how the attorney typically communicates with clients, who will be handling your case, and how you can get answers when questions arise.
You should feel that your concerns are being heard and that you understand what is happening.
You do not need to know exactly what legal claim you have before speaking with an employment lawyer. You simply need to be willing to explain what happened.
Speaking to an attorney means you’ll have a clearer understanding of your rights, your risks, and your options. Even when the answer is not what you hoped to hear, honest advice can help you decide what to do next with greater confidence.
If you are facing an employment problem in New York City, Borrelli & Associates, P.L.L.C. can help. Contact us to schedule a consultation and discuss your concerns with an experienced New York employment attorney.
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