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How to File a Lawsuit Against Your Employer
Employment Law

How to File a Lawsuit Against Your Employer

By Jason Tenenbaum 8 min read

Key Takeaway

Learn how to file a lawsuit against your employer with steps on rights, evidence, and legal help from expert attorneys.

This article is part of our ongoing employment law coverage, with 29 published articles analyzing employment law issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

how to file a lawsuit against your employer

Deciding to file a lawsuit against your employer stirs up a mix of emotions—fear, frustration, maybe even a flicker of hope. It’s a bold move, no doubt, but sometimes it’s the only way to stand up for what’s right. Issues involving discrimination, harassment, a wrongful firing, or wages that never showed up in the paycheck are all grounds for a potential lawsuit with an employer. Long Island employment lawyer’s The Law Office of Jason Tenenbaum, P.C. lays out a clear path for filing a lawsuit against your employer when it becomes necessary.

Knowing Employee Rights

Before filing a lawsuit against your employer it helps to know the laws around employee rights so you can see where there might be something actionable. Firstly there’s Federal protection statutes like Title VII of the Civil Rights Act which bars discrimination rooted in race, color, religion, sex, or national origin. Then there’s the Americans with Disabilities Act, shielding those with disabilities, and the Age Discrimination in Employment Act, keeping age-based bias in check for older workers. States have their own set of rules as well. California’s Fair Employment and Housing Act, for example, stretches coverage to sexual orientation and gender identity, while New York’s Human Rights Law builds a similarly wide safety net. The trick lies in figuring out which laws apply—something that hinges on location and the specifics of the grievance.

Collecting Proof

A lawsuit lives or dies by the evidence backing it up. Start by gathering every scrap tied to the complaint. That could mean holding onto emails that hint at unfair treatment, scribbling down what happened in tense meetings, or saving performance reviews that don’t add up. If coworkers saw the same trouble unfold, their accounts can bolster the story. For something like unpaid wages, pay stubs and time logs turn into goldmines. Jotting down dates, times, and details of each incident—say, a string of harassing comments—paints a vivid picture no one can easily brush off. Text messages, voicemails, or other tangible records need safekeeping too. The stronger the pile of proof, the tougher the case gets to crack. A lawyer can zero in on what matters most and make certain it holds water in court.

Sitting Down with an Employment Lawyer

Once you believe you have enough evidence for a case, talking to an employment attorney is the next big step.An employment lawyer can take a look at all the evidence and tell you whether or not you have an actionable lawsuit to proceed with. A good lawyer breaks down the tangle of employment laws, laying out choices—maybe filing a lawsuit right away or testing the waters with mediation to settle things faster and cheaper. Mediation doesn’t always fit the bill, though; some fights demand a courtroom to sort them out. Weighing the risks and rewards depends on the details and an attorney can map out the smartest play.

Filing the Complaint

The legal gears start turning when the complaint hits the court—a document spelling out what happened, which laws got trampled, and what’s being sought in return. Timing absolutely matters. Every lawsuit has a statute of limitations, a cutoff that might span months or stretch to a few years depending on the state and the issue. Discrimination cases, for instance, often call for a stop at the Equal Employment Opportunity Commission or a state agency first, and those deadlines don’t budge. Missed deadlines are the hidden and silent case killer and having an attorney that knows and is confident about meeting these deadlines. Writing a complaint takes skill to cover every angle, so leaning on a lawyer makes sense. They’ll file it in the right place—state or federal court—based on the situation.

Discovery and Settlement

After the employer gets served with the complaint, they’ll fire back with their side. Then comes discovery—a stretch where both parties trade facts to sharpen their arguments. Documents change hands, written questions get answered, and sometimes depositions roll out with everyone swearing to tell the truth. Along the way, settlement chatter might heat up. Both sides size up the odds of winning in court, and plenty of disputes wrap up here with a deal that skips the trial drama. If the offer doesn’t cut it, though, the fight moves forward. An attorney guides the process, pushing hard in talks while keeping the case on rails.

What Comes Next: Settlement, Trial, or Beyond

How the lawsuit lands depends on a handful of factors—the heft of the evidence, the laws at play, and what a judge or jury decides. Settling before trial can often happen. This is because companies would rather lose some cash or maybe a job or two without rolling the dice in court. If it heads to trial, the court rules on whether the employer broke the law and, if they did, what’s owed—back pay, damages for stress, or even a penalty for outright bad behavior. Not happy with the outcome? An appeal could drag things out longer. At The Law Office of Jason Tenenbaum, P.C., the fight stays fierce—whether chasing a fair deal or battling it out in front of a judge.

Wrapping Up: Standing Up for What’s Right

Filing a lawsuit against your employer isn’t a small call, but it can unlock the door to justice when the workplace turns sour. Mastering the steps—knowing the law, rounding up proof, and teaming up with a savvy lawyer—turns a tough spot into a real shot at winning. If discrimination, harassment, a wrongful boot, or missing wages sound familiar, waiting isn’t the answer. A call to The Law Office of Jason Tenenbaum, P.C. starts the conversation.

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This content provides general information, not legal advice. Case specifics require professional review.

Legal Context

Why This Matters for Your Case

Employment law in New York provides some of the strongest worker protections in the nation. The New York State Human Rights Law (Executive Law §296) prohibits discrimination based on race, sex, age, disability, sexual orientation, gender identity, and other protected characteristics. The New York City Human Rights Law goes even further, applying a broader standard and covering more employers.

Federal protections under Title VII, the ADA, the ADEA, and the FLSA provide additional layers of protection. The Law Office of Jason Tenenbaum represents employees facing workplace discrimination, wrongful termination, wage theft, hostile work environments, and employer retaliation throughout Long Island, Nassau County, Suffolk County, and the five boroughs of New York City.

Whether your case involves EEOC filings, NYS Division of Human Rights complaints, or direct court action under CPLR Article 78, this article provides the expert legal analysis that workers and practitioners need to understand their rights and develop effective litigation strategies under current New York employment law.

About This Topic

New York Employment Law

New York has some of the strongest worker protections in the nation — from the NYC Human Rights Law to state-level whistleblower statutes. Whether you're dealing with discrimination, wage theft, wrongful termination, or hostile work environments, understanding your rights is the first step. Attorney Jason Tenenbaum represents employees across Long Island and NYC in federal and state employment claims.

29 published articles in Employment Law

Common Questions

Frequently Asked Questions

What constitutes workplace discrimination in New York?

New York law prohibits employment discrimination based on protected characteristics including race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, marital status, military status, and domestic violence victim status. Both the New York State Human Rights Law (Executive Law §296) and the New York City Human Rights Law (Administrative Code §8-107) provide protections, with the city law offering broader coverage and more employee-friendly standards. Discrimination can occur in hiring, firing, promotions, compensation, and other terms and conditions of employment.

What should I do if I'm being harassed at work?

If you're experiencing workplace harassment, you should document every incident with dates, times, locations, witnesses, and details. Report the harassment through your employer's internal complaint process and keep copies of all written complaints. If internal reporting doesn't resolve the issue, you can file a complaint with the New York State Division of Human Rights, the NYC Commission on Human Rights, or the EEOC. Consulting an employment attorney early can help preserve your rights and identify the strongest legal strategy.

What protections exist against wrongful termination in New York?

New York is an at-will employment state, meaning employers can terminate employees for any lawful reason. However, termination is illegal if motivated by discrimination based on a protected class under the NY Human Rights Law (Executive Law §296) or in retaliation for protected activity such as filing a complaint, whistleblowing under Labor Law §740, or requesting reasonable accommodations. The NYC Human Rights Law provides even broader protections, including coverage for smaller employers.

What are my rights regarding unpaid wages in New York?

Under the New York Labor Law, employers must pay minimum wage (currently $16/hour in NYC and surrounding counties), overtime at 1.5 times the regular rate for hours over 40 per week, and all earned wages on regular paydays. Labor Law §198 allows employees to recover unpaid wages plus liquidated damages equal to 100% of the unpaid amount, along with attorney's fees. Claims can be filed with the NY Department of Labor or through a private lawsuit within six years.

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Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a employment law matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Filed under: Employment Law
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Legal Resources

Understanding New York Employment Law Law

New York has a unique legal landscape that affects how employment law cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For employment law matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

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