Filing a Claim with the New York Department of Labor
What is the New York Department of Labor?
The New York Department of Labor is a state-operated division that processes many different types of claims involving employment and labor. It covers many legal issues including wages and overtime, employee/employer rights, unemployment, and various other issues.
What if I Need to File a Discrimination Claim With the New York Department of Labor?
One of the more common types of legal claims that the N.Y. Dept. of Labor processes is that of discrimination. Under state and federal laws, employers may not discriminate against employees. Under federal law, employers can’t discriminate on the basis of major categories such as age, race/nationality, religion, and other characteristics.
Under New York law, discrimination is also prohibited for two other categories: citizenship/work status in the U.S.; and being a member of any program receiving financial assistance from the Federal government.
If you feel you have an employment discrimination claim, it may be possible to file with the Dept. of Labor. The Department will launch an investigation into your claim and may require the employer to take action to remedy any losses. Alternatively, it may be necessary for you to file a lawsuit. You can file claims with the department against both private employers, and against the Department of Labor itself if necessary.
What Should my Complaint Contain?
When filing with the New York Department of Labor, your discrimination complaint needs to contain:
- Basic information (name, address, other contact info)
- Whether you are filing for yourself or on behalf of another person (include their contact info if you are filing for someone else)
- Contact information of the agency or person who allegedly discriminated against you
- A brief account of when, how, and why the discrimination is believed to have occurred
- Type of discrimination claim you are filing (age-based, race, sex, etc.)
- Contact information of any witnesses
- Contact info of any other persons involved in the incident(s)
- Required signatures
Lastly, you should include a brief written account of the incident, and why you believe discrimination occurred. As you can see, this is a large amount of information, and may require the assistance of an attorney for the filing.
Should I Hire a Lawyer for Help Filing With the New York Department of Labor?
Filing discrimination or other work-related claim generally requires the legal guidance of a qualified lawyer. It’s in your best interests to hire a lawyer if you need help filing a claim for your losses. Your attorney can guide you through the process to ensure that you receive the legal remedy you need.
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Last Modified: 04-04-2013 02:09 PM PDT
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