Frequently Asked Questions

Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local laws. In California and New York, this includes firings based on discrimination (race, gender, age, disability, religion, sexual orientation), retaliation for reporting illegal activity, or violations of public policy. Even in "at-will" employment states, there are significant legal protections and exceptions for workers.

Workplace discrimination occurs when an employer treats an employee unfavorably because of a protected characteristic such as race, color, national origin, sex, gender identity, sexual orientation, religion, age (40+), disability, pregnancy, or marital status. Discrimination can affect hiring, firing, pay, promotions, job assignments, and other terms of employment. Both California's FEHA and federal Title VII prohibit these practices.

You have the right to a workplace free from sexual harassment. This includes both quid pro quo harassment (where job benefits are conditioned on sexual favors) and hostile work environment (severe or pervasive unwelcome sexual conduct). Employers are legally required to prevent and address harassment. You can file complaints internally, with the EEOC or state agencies, or pursue a civil lawsuit. Contact us for a free case evaluation.

Wage and hour claims involve violations of pay-related laws, including unpaid overtime, minimum wage violations, missed meal and rest breaks (California), off-the-clock work, tip theft, and misclassification of employees as exempt or as independent contractors. These claims are governed by the federal FLSA, California Labor Code, and New York Labor Law. Workers can recover unpaid wages, penalties, interest, and attorney's fees.

Deadlines vary by claim type. In California, you generally have 3 years for FEHA discrimination/harassment claims (file with CRD first), 3-4 years for wage claims, and 2 years for wrongful termination. In New York, you have 3 years for NYSHRL claims, 1 year for NYCHRL claims (filed with NYC Commission on Human Rights), and 6 years for unpaid wage claims. Federal EEOC charges generally must be filed within 300 days of the discriminatory act. Act quickly — contact us to preserve your rights.

The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces workplace anti-discrimination laws. To file a federal discrimination lawsuit, you typically must first file a charge with the EEOC within 180 or 300 days of the discriminatory act. The EEOC will investigate, attempt mediation, and issue a "Right to Sue" letter if it cannot resolve the matter. Our attorneys handle the entire EEOC process on your behalf.

At WorkersRights.co, it costs you nothing upfront. We work on a contingency fee basis, meaning we only get paid if we win your case. Our fee is a percentage of the recovery we obtain for you. Initial consultations are always free. In many employment law cases, courts can also order the employer to pay your attorney's fees. Get your free case evaluation.

Compensation varies based on the type and severity of the violation. You may be entitled to: back pay (lost wages and benefits), front pay (future lost earnings), compensatory damages (emotional distress, pain and suffering), punitive damages (to punish the employer), penalties (such as waiting time penalties for wage violations), and attorney's fees. Settlements range from thousands to millions of dollars depending on the case.

You can file complaints through several channels: internally through your company's HR department, with the EEOC for federal claims, with the California CRD (formerly DFEH) for state discrimination claims, with the California Labor Commissioner for wage violations, or with the New York Division of Human Rights. We recommend consulting with an attorney before filing to ensure you choose the right path and preserve all your claims.

Yes. Both California and New York law, as well as federal law, provide strong anti-retaliation protections. Employers cannot fire, demote, harass, or take any adverse action against you for reporting discrimination, harassment, wage violations, safety concerns, or other illegal activity. Whistleblower protections extend to employees who report fraud, regulatory violations, and public safety issues. If you face retaliation, you may have an additional legal claim for damages.