If you have been fired, harassed, or discriminated against at work, the most important decision you will make is who represents you. The right attorney can mean the difference between a strong recovery and a dismissed case. The wrong one can cost you time, money, and your best opportunity to hold your employer accountable.

New York has thousands of attorneys who list employment law as a practice area. Not all of them are the same. Here is what actually matters when you are choosing who to hire.

New York Employment Law Is Its Own Specialty

Employment law in New York is not the same as employment law anywhere else. The New York State Human Rights Law and the New York City Human Rights Law are among the most protective statutes in the country — broader coverage, lower thresholds for harassment claims, no damages caps, longer statutes of limitations. An attorney who primarily handles federal claims and treats New York law as an afterthought is leaving significant value on the table.

You want an attorney who knows the NYSHRL and NYCHRL as well as they know Title VII — someone who understands how to use New York's unique advantages to build the strongest possible case for you. Ask any attorney you are considering: how much of your practice is New York state and city law claims versus federal claims? The answer matters.

Plaintiff-Side Experience Only

Some employment attorneys represent both employers and employees. This is a conflict of interest that should give you pause. An attorney who spends half their time defending employers against discrimination claims has a fundamentally different perspective than one who exclusively represents employees. They know how employers think, yes — but they also have relationships, habits of mind, and sometimes active client conflicts that can affect how aggressively they pursue your case.

Look for an attorney who represents only employees — plaintiffs — in employment disputes. That is the only side of the table they should know.

Track Record of Results

Results matter. Ask about the attorney's track record: How many employment cases have they handled? What kinds of recoveries have they achieved? Have they taken cases to trial, or do they only settle? An attorney who has never tried a case to verdict has less leverage in settlement negotiations — employers know they will not go to court.

My office has recovered tens of millions of dollars for more than 800 clients in employment cases across New York. That track record is not just a number — it reflects the depth of experience that comes from handling hundreds of cases across every type of employment claim, in every major venue in New York.

Recognition and Credentials

Peer recognition from organizations like Super Lawyers is meaningful because it reflects the assessment of other attorneys — people who know the field and know who is doing serious work. Super Lawyers selects no more than five percent of attorneys in each state, and selection requires a combination of peer nominations and independent research. I have been selected to the Super Lawyers list every year since 2022.

Membership in organizations like the National Employment Law Association (NELA) also signals a commitment to plaintiff-side employment law specifically. NELA is the professional organization for attorneys who represent workers, and active membership reflects engagement with the field beyond just handling cases.

Federal Court Experience

Many employment cases are filed in federal court — the Eastern District of New York (EDNY) or the Southern District of New York (SDNY). Federal court practice is different from state court practice: different rules, different judges, different procedural requirements. An attorney who is not admitted to practice in the relevant federal district, or who rarely appears there, is at a disadvantage.

Ask any attorney you are considering: are you admitted to the EDNY and SDNY? How many federal employment cases have you handled? How many have you taken through discovery and to trial?

Contingency Fee Representation

Most reputable plaintiff-side employment attorneys work on contingency — meaning they only get paid if you win. This aligns the attorney's interests with yours: they have a financial stake in the outcome, and they will not take a case they do not believe in. If an attorney asks for a large upfront retainer to handle an employment discrimination case, that is a red flag.

Contingency fees in employment cases are typically a percentage of the recovery, often in the range of one-third. Attorney's fees awarded by the court in successful cases are separate and in addition to the contingency fee in many arrangements — ask about this specifically so you understand the full fee structure before you sign anything.

Accessibility and Communication

Your case will take months, possibly years. During that time, you need an attorney who returns your calls, explains what is happening, and keeps you informed. Large firms with dozens of attorneys often assign your case to a junior associate after the initial consultation with a senior partner. You end up working with someone you never met and who has a fraction of the experience you thought you were hiring.

Ask who will actually handle your case day to day. Ask how the attorney communicates with clients and how quickly they respond to questions. These are not trivial concerns — they affect your experience throughout the entire process.

Questions to Ask at Your Free Consultation

Every reputable employment attorney offers a free initial consultation. Use it. Here are the questions that will tell you the most:

• Do you represent only employees, or do you also represent employers?
• How many employment cases have you handled in New York specifically?
• Have you tried employment cases to verdict? What were the outcomes?
• Are you admitted to the EDNY and SDNY?
• Who will handle my case day to day?
• What is your fee structure, and how does it work if the court awards attorney's fees?
• What do you see as the strengths and weaknesses of my case?

An attorney who cannot or will not answer these questions directly is not the right choice.

Why I Am the Right Choice for Your New York Employment Case

I am Sean O'Hara, a New York employment attorney with offices in Mineola and Manhattan. I represent only employees — never employers. I have handled hundreds of discrimination, harassment, retaliation, and wrongful termination cases across New York, recovering tens of millions of dollars for my clients. I am admitted to practice in the EDNY and SDNY, selected to Super Lawyers every year since 2022, and a member of the National Employment Law Association.

I offer free consultations, work on contingency, and handle cases personally — not through junior associates. If you believe your rights have been violated, call my office. The consultation is free, and there is no obligation. Let me tell you honestly whether you have a case and what I can do for you.