I want to explore potential settlement options before filing a discrimination lawsuit under NY city, state and federal statues. Want to explore if the following options are feasible (i.e. in discrimination lawsuits in (NYC federal courts only) you have seen them happen before)
1. I did get re-employed, but I would like to get a clause which can give me any job with my previous employer. (Ideally the same job but if not, then another job). The catch is that it should be valid for 10-20 years incase I want to switch without an interview.
2. Back pay
3. Punitive damages for discrimination
I seriously doubt you will get the first and third. Unless the discrimination was egregious and with malicious intent you won't get punitive damages. There is no way they will give you free reign for 10-20 years to do whatever you want job wise. I've never heard of that and it doesn't sound realistic to me.
You can get back pay. Really, the main damage in an employment case is based on economic losses, ie the time you went without work. If you were re-employed it mitigates the damages unless you are undergoing psychological treatment for some sort of emotional distress, which can add to the end amount. If you have emotional distress without undergoing treatment it's not worth much in that regard.
At the outset, as your post does not give any details as to how or why you were "discriminated" against, notwithstanding the indication that you were apparently terminated at one point, the following is stated without comment as to whether you have a valid discrimination claim to begin with.
It would be highly unlikely, and in fact could be said to be shocking, if you got an employer to "settle" any discrimination claim(s) you have, or believe yourself to have, where you would be given monies representative of "punitive damages" [your item "3"], or an unrestricted right to switch your job to any position you want, especially for and over a 10-20 year period [your item "1". This is said particularly in light of your indication that you have already been "re-employed".
That's unlikely to happen. Employers often want you to disappear forever if they pay you a substantial amount of $.
Settlements usually are for money, not reinstatement. There are exceptions, but that is the most common.
It is rare that, as part of a settlement, you would obtain reinstatement or punitive damages. Obviously though, what they would be willing to do would be very much dependent on the strength of your claims. It would be advisable to consult with a local employment attorney to discuss the merits of your case and a settlement valuation.
This answer does not constitute formal legal advice and you should contact this or another 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 Federal law and should not be relied upon in any way in any other jurisdiction.
Every case is unique. Without knowing the facts, it's tough to say. You have not even stated how you believe your employer acted illegally. But:
1. In significant settlements, a common clause is that the plaintiff waives future employment, among other reasons, to eliminate future claims of retaliation.
2. Back pay is a common measure of damages.
3. Punitive damages are rare - only in cases of severe wrongdoing, and generally only at trial.
You need to consult a competent attorney.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
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