Before a complaint is filed
Some claims cannot go straight to court. Federal discrimination claims generally require an agency charge and a notice of the right to sue first, while many New York State and City claims can be filed in court directly, and an early choice of route can close off another. An arbitration agreement signed at hiring may send the case to a private forum instead. Many cases begin with a demand letter that sets out the claim and invites a response before anything is filed, and some resolve at that stage. Filing deadlines differ by claim and by forum, and some of them are short.
How damages are measured
Lost pay from the termination to the present, often called back pay, is usually the starting point, and lost future earnings may be considered where returning to similar work is difficult. Some laws also allow damages for emotional distress, and many allow additional damages or attorney fees in certain circumstances. A former employee is generally expected to look for comparable work, and income from a new job usually reduces the lost pay figure. Keep records of every application, interview, and offer, along with what you earned in the meantime. Reinstatement to the old job is possible under some laws but uncommon in practice.
What the process asks of you
A lawsuit means providing documents, answering written questions under oath, and sitting for a deposition in which the employer's lawyer asks about your work history, your job search, and sometimes your health if emotional distress is claimed. Court filings are generally public, which matters to some people more than others. The employer will usually defend its stated reason and may raise issues from your own record. Many matters settle, often after the main depositions, but trial preparation continues in parallel. We review the strength of the record, the realistic timeline, and the costs involved before you commit.
