Question 1

Do I need a lawyer to file an EEOC charge?

Accepted Answer

No — you can file an EEOC charge on your own. But having a lawyer significantly improves your outcome. The EEOC charge is the foundation of your federal case. How it is drafted, what claims are included, and how you respond to the employer's position statement all affect what you can do later. A mistake at this stage can limit your options in court.

Question 2

How long do I have to file a discrimination or harassment claim?

Accepted Answer

For federal claims under Title VII, the ADEA, or the ADA, you generally have 180 days to file an EEOC charge — or 300 days if a state agency also covers the claim (which is the case in New York). Under the New York State Human Rights Law, you have three years to file in court. Under the New York City Human Rights Law, you have three years as well. Missing a deadline can permanently bar your claim.

Question 3

What is wrongful termination in New York?

Accepted Answer

New York is an at-will employment state, meaning employers can generally fire employees for any reason or no reason. But at-will has significant exceptions. A termination is wrongful when it violates a federal or state anti-discrimination statute, constitutes retaliation for protected activity, breaches an employment contract, or violates a clear public policy.

Question 4

Can my employer fire me for reporting harassment or discrimination?

Accepted Answer

No. Retaliation against an employee who reports harassment, files a complaint, or participates in an investigation is independently illegal under Title VII, the ADEA, the ADA, and New York law — even if the underlying complaint was not successful.

Question 5

What damages can I recover in an employment case?

Accepted Answer

Depending on the claim and the statutes that apply, you may be entitled to: back pay (wages and benefits lost from the date of the adverse action); front pay (future lost earnings if reinstatement is not feasible); compensatory damages for emotional distress, humiliation, and harm to your career; punitive damages where the employer's conduct was particularly egregious; and attorneys' fees.

Question 6

What is constructive discharge?

Accepted Answer

Constructive discharge occurs when an employer makes working conditions so intolerable — through harassment, demotion, hostile treatment, or other pressure — that a reasonable employee is forced to resign. The law treats that resignation as a termination. If you felt you had no choice but to quit, you may still have a wrongful termination claim.

Question 7

What if HR investigated and said nothing happened?

Accepted Answer

An employer's internal investigation finding does not determine your legal rights. HR works for the employer — its job is to protect the company, not you. Many strong cases involve employers who conducted investigations and cleared themselves. What matters is the evidence: emails, text messages, witness accounts, performance records, and the timeline of events.

Question 8

My employer says I was fired for performance. Can I still have a claim?

Accepted Answer

Yes. Employers almost always claim the adverse action was justified by performance or business reasons. That is called pretext — a false justification designed to disguise the real, illegal motive. Sean uses comparator evidence, internal communications, the timing of the termination relative to protected activity, and inconsistencies in the employer's stated reasons to expose what actually happened.

Question 9

Am I actually speaking with an attorney, or a salesperson?

Accepted Answer

At many large firms and legal marketing operations, the person who takes your initial call is not a lawyer. They are intake specialists, case managers, or sales staff whose job is to sign you up — not to evaluate your case. They cannot give you legal advice and are not bound by the ethical rules that govern attorneys. If you are not sure whether you are speaking with an attorney, ask directly: "Are you a licensed attorney?" You are entitled to a straight answer.

Question 10

What are the risks of working with non-attorney legal services or document mills?

Accepted Answer

Non-attorney legal services — document preparation services, online legal platforms, and "legal advocates" — carry serious risks. First, the unauthorized practice of law is illegal in New York. Second, these services do not carry attorney-client privilege, meaning anything you share with them is not protected and could be disclosed in litigation or used against you. Third, a poorly drafted EEOC charge or complaint can permanently limit your legal options. If someone is charging you for legal services, verify they are a licensed attorney before sharing anything about your situation.

Question 11

What is attorney-client privilege and why does it matter when I first reach out?

Accepted Answer

Attorney-client privilege keeps your communications with your attorney confidential — what you share cannot be disclosed to your employer, their lawyers, or a court without your consent. This protection attaches from the moment you consult with a licensed attorney, even before you formally retain them. It does not apply to conversations with non-attorneys, HR consultants, union representatives, or anyone else who is not your lawyer. Speak with a licensed attorney first.

Question 12

What should I look for when hiring an employment attorney?

Accepted Answer

Several things matter: verify the attorney is licensed and in good standing with the New York State Bar; confirm they focus on employment law specifically; find out who will actually handle your case day-to-day; ask whether the attorney has tried employment cases to verdict, not just settled them — an attorney who has never been to trial has less leverage at the negotiating table; and trust your instincts about communication. You should feel heard, not processed.

Frequently Asked Questions

Getting Started

Choosing the Right Attorney

Harassment & Discrimination

Retaliation & Wrongful Termination

What You Can Recover

Still Have Questions?