Question 1

What qualifies as employment discrimination in New York?

Accepted Answer

Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of a protected characteristic — such as race, color, religion, sex, national origin, age, disability, sexual orientation, or gender identity. If you believe you have been discriminated against, contact Gomez Law today for a free consultation.

Question 2

How do I know if I was wrongfully terminated?

Accepted Answer

Wrongful termination occurs when an employer fires you for an illegal reason — such as discrimination based on a protected class, retaliation for reporting misconduct, or in violation of a contract. New York is an at-will employment state, meaning employers can generally fire employees for any reason, but they cannot fire you for an illegal reason. If you were fired shortly after filing a complaint, requesting leave, or reporting discrimination, that timing can be evidence of wrongful termination.

Question 3

How long do I have to file a discrimination claim?

Accepted Answer

Deadlines depend on which law you file under. With the EEOC (Federal), you generally have 300 days from the discriminatory act. Under the New York State Human Rights Law, you have 3 years to file in state court. Missing these deadlines can bar your claim entirely, so it is critical to consult an attorney as soon as possible.

Question 4

Can I be fired for reporting discrimination?

Accepted Answer

No. Retaliation against an employee for reporting discrimination, filing a complaint, or participating in an investigation is illegal under both Federal and New York State law. If your employer demoted you, cut your hours, gave you negative reviews, or fired you after you reported discrimination, you may have a retaliation claim in addition to your discrimination claim.

Question 5

What makes a work environment legally "hostile"?

Accepted Answer

A hostile work environment exists when unwelcome conduct based on a protected characteristic — such as race, gender, age, religion, or sexual orientation — is so severe or pervasive that it alters the conditions of your employment. Isolated incidents generally do not qualify unless they are extremely serious. The conduct must be both objectively offensive (a reasonable person would find it hostile) and subjectively offensive (you personally found it hostile).

Question 6

Does the harassment have to come from my supervisor?

Accepted Answer

No. A hostile work environment can be created by a supervisor, a coworker, a client, or even a vendor. However, employer liability differs depending on who the harasser is. Employers are generally automatically liable for harassment by supervisors that results in a tangible employment action. For coworker harassment, the employer is liable if it knew or should have known about the conduct and failed to take corrective action.

Question 7

What should I do if I am experiencing a hostile work environment?

Accepted Answer

Document everything — dates, times, what was said or done, and any witnesses. Report the conduct through your employer's internal complaint process (HR or a supervisor) and keep a copy of your complaint. Preserve any emails, texts, or other evidence. Then consult an employment attorney. Reporting internally is often required before you can pursue a legal claim, and an attorney can help you navigate that process.

Question 8

Can I be fired for complaining about a hostile work environment?

Accepted Answer

Firing or retaliating against an employee for complaining about a hostile work environment is illegal. If your employer punishes you for making a complaint — through termination, demotion, schedule changes, or other adverse actions — that retaliation is itself a separate legal violation. Document any changes in your treatment after you make a complaint.

Question 9

What are the two types of sexual harassment?

Accepted Answer

The two main types are quid pro quo and hostile work environment. Quid pro quo harassment occurs when a supervisor conditions employment benefits — a raise, promotion, or continued employment — on sexual favors. Hostile work environment harassment occurs when unwelcome sexual conduct is so severe or pervasive that it creates an abusive work environment. Both are illegal under Federal and New York State law.

Question 10

Does sexual harassment have to be physical?

Accepted Answer

No. Sexual harassment includes verbal conduct (sexual comments, jokes, or propositions), visual conduct (displaying sexually explicit images), written conduct (emails or texts of a sexual nature), and physical conduct (unwanted touching). It also includes harassment based on gender stereotypes or gender identity, even if not explicitly sexual in nature.

Question 11

What changed with New York's 2019 sexual harassment law?

Accepted Answer

New York significantly strengthened its sexual harassment protections in 2019. The law lowered the standard for what qualifies as actionable harassment — a single incident can now be sufficient. It extended protections to independent contractors, interns, and non-employees. It also requires all New York employers to have a written sexual harassment prevention policy and provide annual training to all employees.

Question 12

I signed an NDA — can I still pursue a claim?

Accepted Answer

Possibly. New York law limits the enforceability of non-disclosure agreements in sexual harassment cases. Under the HERO Act and related legislation, NDAs that prevent a victim from disclosing the underlying facts of a sexual harassment claim are generally unenforceable. An attorney can review your specific agreement and advise you on your options.

Question 13

What is the minimum wage in New York?

Accepted Answer

New York's minimum wage varies by location. As of 2024, the minimum wage in New York City, Long Island, and Westchester is $16.00 per hour. For the rest of New York State — including Buffalo and Western New York — the minimum wage is $15.00 per hour. These rates are subject to annual increases. Tipped workers have different rules, and your employer must ensure your tips bring your total hourly rate up to at least the minimum wage.

Question 14

Am I entitled to overtime pay?

Accepted Answer

Most employees in New York are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek. However, certain employees are exempt — including some executive, administrative, and professional employees who meet specific salary and duties tests. Many employers misclassify employees as exempt to avoid paying overtime. If you regularly work more than 40 hours per week without overtime pay, you may have a claim.

Question 15

My employer calls me an independent contractor — does that affect my rights?

Accepted Answer

Not necessarily. Whether you are truly an independent contractor or a misclassified employee depends on the actual nature of your work relationship, not what your employer calls you. Courts look at factors like how much control the employer has over your work, whether you work exclusively for one company, and whether the work is integral to the employer's business. Misclassification is one of the most common wage violations — if you are misclassified, you may be owed back wages, overtime, and benefits.

Question 16

How far back can I recover unpaid wages in New York?

Accepted Answer

Under the New York Labor Law, employees can recover up to 6 years of unpaid wages. Under the Federal Fair Labor Standards Act (FLSA), the lookback period is 2 years (or 3 years for willful violations). Because New York's lookback period is longer, most wage claims in Buffalo are filed under state law. You may also be entitled to liquidated damages (double the amount owed) and attorney's fees.

Question 17

How long do I have to file a personal injury lawsuit in New York?

Accepted Answer

In New York, the statute of limitations for most personal injury cases is 3 years from the date of the accident. However, there are important exceptions: claims against a government entity (city, county, or state) require a Notice of Claim within 90 days and a lawsuit within 1 year and 90 days. Medical malpractice has its own 2.5-year deadline. Do not wait — evidence disappears and witnesses' memories fade.

Question 18

What if I was partially at fault for my accident?

Accepted Answer

New York follows a "pure comparative negligence" rule, which means you can recover damages even if you were partially at fault — but your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages are $100,000, you can recover $80,000. Insurance companies often try to inflate your percentage of fault to reduce their payout. An experienced attorney can push back on that.

Question 19

What damages can I recover in a personal injury case?

Accepted Answer

You may be entitled to economic damages — including past and future medical expenses, lost wages, and loss of earning capacity — as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available. Gomez Law handles personal injury cases on a contingency basis, meaning you pay nothing unless we recover compensation for you.

Question 20

What should I do immediately after an accident?

Accepted Answer

Seek medical attention right away, even if you feel fine — some injuries are not immediately apparent, and gaps in treatment can be used against you. Call the police and get a report number. Document the scene with photos if you can. Collect contact information from witnesses. Do not give a recorded statement to the other party's insurance company before speaking with an attorney. Then call Gomez Law for a free consultation.

Question 21

What is the standard of care in a medical malpractice case?

Accepted Answer

The "standard of care" is the level of care that a reasonably competent healthcare provider in the same specialty would have provided under similar circumstances. To win a medical malpractice case, you must show that the provider deviated from this standard and that the deviation caused your injury. This typically requires testimony from a qualified medical expert in the same field as the defendant.

Question 22

How long do I have to file a medical malpractice claim in New York?

Accepted Answer

New York's statute of limitations for medical malpractice is generally 2 years and 6 months (2.5 years) from the date of the malpractice, or from the end of continuous treatment by the provider who committed the malpractice. There are exceptions for cases involving foreign objects left in the body (1 year from discovery) and cases involving minors. These deadlines are strict — missing them will bar your claim entirely.

Question 23

What are the most common types of medical malpractice?

Accepted Answer

Common medical malpractice cases include misdiagnosis or delayed diagnosis (such as missed cancer), surgical errors (wrong site, wrong procedure, or leaving instruments inside a patient), medication errors (wrong drug or wrong dose), birth injuries (cerebral palsy, Erb's palsy), anesthesia errors, and failure to obtain informed consent. Hospital-acquired infections caused by negligent care can also be the basis for a malpractice claim.

Question 24

How much does it cost to hire a medical malpractice attorney?

Accepted Answer

Gomez Law handles medical malpractice cases on a contingency fee basis — you pay no attorney's fees unless we recover compensation for you. We also advance the costs of litigation, including expert witness fees, which can be substantial in malpractice cases. If we do not win, you owe us nothing. This means you can pursue justice regardless of your financial situation.

Frequently Asked Questions

Employment Discrimination

Hostile Work Environment

Sexual Harassment

Wage & Hour

Personal Injury

Medical Malpractice

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