New York Employment Lawyers
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The Do's & Don'ts of Suing an Employer

 So you are thinking about suing your employer.

No doubt, going up against an employer or potential employer can be an intimidating experience. This is true regardless of whether the employer is a massive, global corporation, or a smaller local business. Either way, the employee faces a power and money imbalance that can make litigation seem impossible.

Serrins & Associates is here to help. So after you set up a free consultation with our firm, take heed of the following Do’s and Don’t for suing an employer to keep your case in the best shape possible and ensure your best chance for ultimate success.

DO’S

  • Keep a private log in a children style composition book, in pen and ink, dated and signed of your employer’s behaviors that you believe to be suspect or illegal. Note as much detail as possible.  Make sure only you have access to this diary.
  • Preserve and take note of emails, text messages, or other documentary evidence of employer wrongdoing.
  • Until your attorney tells you otherwise, try and continue to perform your duties to the best of your ability, even when your employer is making life difficult.
  • Begin gathering your evidence in a form that can be easily presented to a court of law. Once an employer knows a lawsuit is coming, they may try to cover their tracks. A clear presentation of evidence to a court can make or break your case.
  • Do some research. Any lawyer will tell you that an informed client is a good client. If you have questions for your attorney, write them down and ask them. You deserve to be kept informed every step of the way.
  • Do call Serrins & Associates.

DON’TS

  • Lash out in the workplace or lose your temper. Any bad behavior on your part can be used against you.
  • Never use your work email or work phone to discuss your case.
  • Never use your work computer to research your case.
  • Never post anything on social media, and particularly complaints about your employer, that you would not want to see used in court against you.
  • If you have already approached management and made your complaints known, don’t try again before speaking to an attorney.
  • If you are reporting fraud by your employer, or blowing the whistle, talk to an employment lawyer before bringing your case to an outside agency, such as the attorney general or Department of Investigation.


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233 Broadway, Suite 2340, New York, NY 10279
| Phone: 212.384.0202

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