El-Hag & Associates

The term “at-will” employment is a legal contract term. It means that the contractual (working) relationship between you and your company can be ended at any time by either you or the company. This also means that the terms of work can be terminated or changed at moments notice by the company. You have very few rights over the conditions of work as an at-will employee. In the United States, you are either (1) an “at-will” employee or (2) protected by an individual contract of employment or a union contract. For the regular working person, the only real option available is forming a union to avoid being “at-will”, which is discussed below.

It depends on your objectives. Recently studies show that it is better to settle a lawsuit than going to a trial. See here. https://www.nytimes.com/2008/08/08/business/08law.html. However, until you have a settlement offer in front of you and you can assess the strengths and weaknesses of the case, you won’t be able to answer this question.

This question cannot be answered by any lawyer or any person. If you win a lawsuit, its possible that the employer files for bankruptcy and you cannot collect any money, even if you won a trial. On the other hand you can win and collect the full amount of damages provided under the law. When employees are trying to answer this question, we do an analysis on their current situation. Each employee is entitled to a different amount of a recovery. It is possible to determine the potential recovery and what you believe you should receive if you win a lawsuit. If you did have a valid lawsuit, we would be able to estimate the amount of damages specific to you and create a strategy to support the claim.

There are two ways that you can sue an employer for not paying wages. First, you can bring a private lawsuit to recover the wages. Second, you can generally file a claim with the United States or the applicable State department of labor that enforces these claims.

If you are bringing a discrimination lawsuit you, or your attorney, will generally file a claim with the Equal Employment Opportunity Commission and the New York State Division of Human Rights. You can also file a private lawsuit just in New York State Court without going to an agency, but there are issues in doing this. If you file in one of these agencies, after the claim is filed, these agencies will perform an investigation to determine if there is probable cause that discrimination occurred. If they find probable cause, then you can puruse the claim in the agency or file a lawsuit in Federal Court. The process is somewhat complex and the decision of where to file is a strategic decision, which is something that should be discussed with an attorney. You can learn about the filing of these lawsuits and claims here: https://www.eeoc.gov/employees/charge.cfm, here https://www.eeoc.gov/employees/lawsuit.cfm, and https://dhr.ny.gov/complaint.

This is not a legal question but a question that I am asked all the time. The decision to file a lawsuit is a personal decision, not a legal decision. I tell my clients that if they feel strongly about what happened and are suffering, then they should seek to address their claims. But, if going through the process of a lawsuit would cause more emotional damage than it helps, I would discourage them from bringing the lawsuit. Once you file a lawsuit, you have a legal obligation to pursue the claim.

Generally, yes. When you file a lawsuit, it is a public record. So it can come up on background checks and a general internet search.

Lawsuits can take years. There are three ways a lawsuit can end: (1) You win, (2) you lose, or (3) you settle. Settling a lawsuit means that you and your employer agree that you will get some compensation in exchange for dropping the lawsuit. Most cases settle around 9 months into the lawsuit. However, some lawsuits can carry on for more than 5 years. It really depends on your objectives and your flexibility. If you want to settle a case and you are not seeking a large amount of money, then you will most likely resolve the lawsuit faster than someone looking to win maximum damages.