Knowledge Creates Confidence.

No. NY Workers’ Compensation Law §120 makes it illegal for your employer to fire, demote, cut your hours or pay, or otherwise punish you because you filed a workers’ comp claim — or even because you tried to file one. Being on workers’ comp doesn’t make you immune from all termination, but a firing motivated by your claim is illegal. See our workers’ comp retaliation page for more.

Retaliation doesn’t always look obvious. It can be a termination that follows a claim by days or weeks, a sudden drop in performance reviews, a shift to a worse schedule, or pressure to resign. If your employer made conditions so bad that you felt you had no choice but to quit, that can also count as retaliation — you don’t have to wait to be formally fired.

For an EEOC charge you generally have 180 days from the last act (300 days in New York, since a state agency also has jurisdiction). Under the NY State Human Rights Law and the NYC Human Rights Law, you have three years to file directly in court. Missing a deadline can permanently bar your claim, so don’t wait to talk to an attorney.

No. Under the federal Fair Labor Standards Act and NY Labor Law §160, you’re owed 1.5 times your regular rate for every hour over 40 in a workweek. Calling you an independent contractor or a salaried exempt employee doesn’t automatically excuse an employer from this requirement — many misclassified workers are still owed overtime.

New York wage claims can go back six years under NY Labor Law §198 — longer than the two- or three-year window under the federal FLSA. Filing under New York law almost always covers more ground, and your employer may also owe liquidated damages equal to double the unpaid wages.

Not for any reason. At-will employment has real exceptions: it’s illegal to fire someone because of a protected characteristic, because they filed a workers’ comp claim, or because they reported unsafe or unlawful conduct. If you signed an employment contract or are covered by a union agreement, that can also limit your employer’s ability to terminate you.

Not before an attorney reviews it. A severance agreement waives your right to sue for discrimination, retaliation, wage theft, or other claims. If you’re over 40, federal law requires at least 21 days to consider the agreement (45 days for group layoffs) and a 7-day period to revoke your signature after signing. We review severance agreements at no cost.

Yes. Undocumented workers have the same workers’ comp retaliation protections under §120 and the same wage and hour rights under federal and New York law as any other employee. Your immigration status does not affect your right to back pay or to be free from retaliation.