I am sorry you are experiencing these difficulties. I would strongly advise you to contact a lawyer prior to launching a lawsuit on your own. If you have a good case, a lawyer will be willing to take it on a contingency fee basis where the lawyer's fees come out of any judgement or settlement you receive. Additionally, and in order to sue under Federal law, you need to file a claim with the EEOC. Most lawyers, including myself, offer free consultations.
Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.
I would definitely speak to an employment lawyer before filing a lawsuit on your own. If no lawyer will take your case, then I would file a claim with the SDHR or EEOC.
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You should schedule a consultation with an experienced employment attorney in your area immediately. The consultation should be free and should provide you time to explains the specifics of what you are enduring so that the attorney has all the facts he or she needs to advise you.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.
It would not be in your interests at all to file a claim in Court (or anywhere else) without representation by an experienced employment lawyer.
An experienced employment lawyer will advise you about which claims to assert, which claims are timely and which claims are not, what evidence to put forward in support of your claims, whether that be documentary evidence and/or witness statements, and the best forum to have your claims heard/adjudicated.
Please schedule a consultation with an experienced employment lawyer, ASAP. Each day that goes by without you doing something about this, is a day in which you are harming your own interests.
-Denise K. Bonnaig