There are many reasons to sue someone due to a labor law. Most times, employers are sued, but in some cases, employees can be sued. Labor laws in New York can be heard in state civil courts or in federal courts, depending on the charge you want to bring and the amount you want to recover. Federal courts only have jurisdiction if the amount you are suing for is over a certain amount of money.
Find out if your claim should be filed in federal or state court.
The easiest way to do so is to check whether the federal court has jurisdiction first (see Resources for U. S. Code). If you are still uncertain, you can contact the federal clerk’s office, and it will tell you where to turn for legal advice regarding jurisdiction. Only a labor law attorney can give this advice, but some courts do have an attorney on staff for some legal questions.
Draft a complaint.
The complaint must list the court, leave a space for a case number (you will get this when the case is filed), list all of the plaintiffs and defendants and be titled (Complaint). A federal pleading must be formatted according to the Federal Rules of Civil Procedure (F.R.C.P.) (see Resources). For questions regarding anything you do not understand in the F.R.C.P., you must call a labor law attorney or legal aid. The clerk of court and any non-attorney cannot answer questions regarding the F.R.C.P.
Separate each count in the complaint.
If you are suing for discrimination and libel, discrimination should be one count and libel should be the other count. When drafting the complaint, refer to the U. S. Code and case law to support your claim.
Complete a Federal Civil Cover Sheet and a Summons.
Have three copies of each document. File the Complaint with the Federal Clerk of Court. The clerk will keep the original document and will stamp the other three documents. Some clerks ask for the original document plus a second copy for the Judge. A second copy will be stamped. Have this copy served, along with the summons, on the defendant. If there is more than one defendant, you will need an extra copy of the complaint and an extra summons for each defendant. The third copy is for your own records.
Depending on your state, either the sheriff or a process server can serve the complaint on the defendant. Have the appropriate person serve the complaint on the defendant.