Hi, I’m Jonas Urba. I’m a New York employment lawyer here with Employment Law Reality Check talking to you about damages for employment discrimination. Probably the most important topic we discuss. Damages. How much is your case really worth? You can find out just by Googling New York State Division of Human Rights, Orders. And that’ll give you hundreds of decisions that have been decided by the New York State Division of Human Rights. You’ll probably be surprised to find that a small percentage of those cases were won at administrative hearing. Why is that? Because you have to set up an employment discrimination case very well from the start. You want to make sure that your attorney spends time to draft a demand letter that has all the important facts in it. And that might take, sometimes it takes me a day. It could take me an entire week if you have strong facts and your case is a little more complicated. It could take an attorney 1 week just to draft one demand letter. Why do you do that? Because if you don’t do it right the first time you’re gonna have to file a complaint. If you have to file a complaint with either the Division of Human Rights or the EEOC, the chances get smaller and smaller that you’re going to prevail. Because if you end up having to go to a hearing the chances of winning are probably only about one out of three. Most employment cases settle. They get resolved either at the Division of Human Rights with a mediation or conciliation conference or at the EEOC with a voluntary mediation. If your complaint or charging document does not look really strong then the employer if probably gonna have no incentive to try to resolve it. So look at those decisions. Look at the New York State Division of Human Rights Orders and what you’re gonna find is that probably 25 to 30 percent of the cases are won and the rest are lost and the damages that you’ll see are probably not gonna be as great as you think they are. They might be 20 or $30,000 for wage loss, maybe 5 or $10,000 for emotional distress damages. But that does not mean that’s what your case is worth. It just means that those cases did not resolve early on because probably the demand letter and the case itself was not set up right from the start. Make sure you do that and then you’ll have the best possible chance of getting a recovery and not having your case dismissed. So call some employment lawyers and decide which lawyer is spending the time with you to get all of the important facts because that takes a lot of time up front. Call some employment lawyers, call me. I’m Jonas Urba, I serve the entire state of New York and I can be reached at (212) 731-4776. Attorney Advertising.
Damages awards New York state division of human rights