Whether you’re dealing with a toxic workplace, have just been wrongfully terminated, or are reviewing a severance agreement, consulting with a New York employment lawyer can dramatically shape the course of your legal and professional future. Employment law is a complex and evolving field, particularly in New York, where state and city-specific protections often go beyond federal mandates. Knowing when to get an employment lawyer and how to prepare for that first meeting can determine whether your rights are fully protected or unintentionally waived.
Consulting a New York employment lawyer is more than just telling your story. It’s about strategic positioning, understanding your rights, and building a pathway to justice or resolution. By asking the right questions during your consultation, you maximize your legal protection and ensure that your attorney is aligned with your objectives and qualified to represent your best interests.
At Levine & Blit, we help employees across all industries in New York take control of their legal outcomes. From Fortune 500 professionals to hourly workers, we understand how to approach every situation with discretion, strength, and results-driven strategies. If you believe your workplace rights have been violated or if you want to review a severance agreement before signing, reach out today at 646-461-6838 to schedule a confidential, strategic consultation with our award-winning legal team.
👉Also Read: How to Secure a Fair Severance Package: Insight From a New York City Employment Attorney
When Should You Contact an Employment Lawyer in New York?
To know when an employee needs an employment lawyer is the first and most foundational step. If you are experiencing any of the following, it may be time to seek legal help:
- Workplace Discrimination based on race, gender, age, disability, religion, national origin, sexual orientation, or other protected classes under Title VII, the ADA, ADEA, and New York Human Rights Law.
- Sexual Harassment, including hostile work environments, quid pro quo harassment, or retaliatory conduct after reporting harassment.
- Retaliation for whistleblowing, requesting accommodations, taking protected leave (FMLA/NY Paid Family Leave), or asserting wage and hour rights.
- Wrongful Termination in violation of contractual obligations, public policy, or protected class status.
- Unlawful Denial of Wages or Overtime, including misclassification as an independent contractor or improper overtime exemptions.
- Non-compete and Restrictive Covenants that are overly broad or prevent future employment.
- Severance Agreement Reviews, particularly when you are asked to waive significant rights in exchange for a payment.
Even if you’re still employed, but sensing red flags, such as a demotion, negative performance reviews without cause, or increased isolation, legal representation at this stage can help preserve critical claims and increase your leverage in negotiations.
Things to Review Before Your Consultation
Before scheduling a consultation with an employment lawyer NY, prepare by asking yourself:
- What exactly happened, and when?
Construct a clear timeline of events, including emails, disciplinary warnings, HR complaints, or any retaliation you may have experienced. - What documentation do I have?
Gather employment contracts, offer letters, employee handbooks, company policies, performance reviews, emails, or text messages that support your case. - What outcome am I seeking?
Are you looking for financial compensation, reinstatement, a clean reference, or just to stop ongoing harassment? Clarifying your goal will help your attorney design a strategy.
👉Also Read: Wrongful Termination Lawyer NYC: What You Need to Know Before Filing a Claim
Key Questions to Ask During Your Legal Consultation With an Employment Lawyer NY
Whether you’re dealing with wrongful termination, discrimination, unpaid wages, or are about to sign a severance agreement, a consultation with a New York employment lawyer is one of the most important steps you can take to protect your rights. But your consultation can be more effective when you ask the right questions from the attorney.
Here are a few suggested questions to guide your initial legal consultation. Each question is designed to help you uncover not only the strength of your case but also whether your prospective attorney has the experience and strategic insight to be your advocate.
1. Do I Have a Viable Legal Claim?
Just because your employer treated you unfairly doesn’t mean your experience meets the legal threshold for a claim. A qualified employment lawyer will assess whether your case satisfies the elements required under federal, New York State, or New York City laws. For instance, losing a job due to personality conflict isn’t actionable, but being terminated because of your race, age, disability, or gender often is.
Expect the attorney to evaluate whether:
- You are part of a protected class
- You suffered an adverse employment action
- There is a causal link between the action and discrimination or retaliation
2. What Laws Apply to My Case?
Depending on your issue, several overlapping federal and state employment laws may apply. Ask your lawyer to break down which statutes are most relevant and how they interrelate. Examples include:
- Title VII of the Civil Rights Act – discrimination based on race, color, religion, sex, or national origin
- Americans with Disabilities Act (ADA) – failure to accommodate or disability-based bias
- Age Discrimination in Employment Act (ADEA) – age-based bias (40 and older)
- Family and Medical Leave Act (FMLA) – violations of job-protected leave rights
- New York State and City Human Rights Laws – broader local protections
- Fair Labor Standards Act (FLSA) / NY Labor Law – unpaid wages, overtime violations
A basic understanding of the legal foundation gives you a clearer sense of what to expect and what needs to be proven.
3. What Remedies Could Be Available?
Your attorney should walk you through what you may be entitled to if your claim succeeds. Potential remedies include:
- Back pay (lost wages from the date of violation to the resolution)
- Front pay (compensation for expected future lost earnings)
- Compensatory damages (for emotional distress or reputational harm)
- Punitive damages (to punish especially egregious employer behavior)
- Injunctive relief (such as reinstatement or policy changes)
- Legal fees and costs
In severance-related matters, your remedies may include a renegotiated package, neutral references, or removal of restrictive clauses like non-compete agreements.
4. What Is the Likely Timeline for Resolution?
No employment matter moves at lightning speed. Ask your lawyer for a realistic timeline:
- Informal negotiations may resolve issues in a few weeks
- Filing with the EEOC or NYSDHR takes months to over a year
- Litigation can span multiple years, especially in federal court
The lawyer should break down the phases: demand letters, administrative complaints, mediation, depositions, and trial.
5. What Are My Options Going Forward?
Ask your attorney what options you have today and how your decisions now affect future rights. Options may include:
- Sending a demand letter
- Filing an administrative complaint (EEOC or NYSDHR)
- Filing in federal or state court
- Entering settlement negotiations
Your attorney should also advise you on any applicable statutes of limitations so you don’t inadvertently waive your rights.
6. Is My Employer Likely to Retaliate and What Can I Do If They Do?
Retaliation is common in employment disputes. It’s illegal under federal and state laws to retaliate against an employee for asserting legal rights. Ask how to document and respond to retaliatory acts like demotion, discipline, or isolation, and how your attorney would protect you during ongoing employment.
7. Do I Need to File with a Government Agency First?
Certain claims require administrative exhaustion before filing a lawsuit. For instance:
- EEOC/NYSDHR filings are required before suing under Title VII or the NY Human Rights Law
- You typically must file within 300 days of the incident (180 days under some federal statutes)
Your attorney should explain whether agency involvement is mandatory and whether dual-filing (state and federal) makes sense.
8. How Strong Is My Evidence?
Legal claims live or die by evidence. Ask the attorney to evaluate:
- Documentation (emails, text messages, performance reviews)
- Witnesses
- HR complaint records
- Employer policies and practices
A good attorney will not sugarcoat weaknesses. Instead, they will help you develop a strategy to bolster your case.
9. What Should I Avoid Doing Right Now?
Sometimes, employees unintentionally damage their claims by sending angry emails, recording conversations unlawfully, or quitting prematurely. Ask what actions to avoid and how to safeguard your position while your matter is pending.
10. How Will We Communicate?
Clear, consistent communication is vital. Ask:
- Will I be dealing with the partner or a junior associate?
- How quickly can I expect responses?
- Do you charge for emails or phone calls?
This helps you manage expectations and avoid surprise bills or confusion.
11. What Experience Do You Have With Cases Like Mine?
Employment law practice is highly specialized. You don’t want a generalist. You want an attorney who has successfully handled employment law cases similar to yours. Ask about their track record in:
- Discrimination lawsuits
- Severance reviews
- Minimum wage and hour claims
- Executive contract disputes
12. What Would Be Your Litigation Strategy?
Some NYC employment lawyers are aggressive litigators; others prefer early settlement. There’s no one-size-fits-all answer, but the employment litigation strategy should align with your goals. Be prepared to ask:
- How often do you settle vs. go to trial?
- What’s your approach to a negotiated settlement?
13. What Are the Risks or Downsides of My Case?
When you pursue legal action, you should be aware of the potential risks or downsides. Ask your NYC employment law attorney to explain the legal, financial, or reputational risks, especially if you’re still employed and worried about backlash.
14. Will You Help Me Negotiate a Severance Package or Exit Strategy?
Even if you haven’t been fired yet, you may sense it’s coming. A savvy employment lawyer can help you negotiate an exit before things escalate with severance, references, and non-disparagement clauses. This is particularly important for mid-to-senior-level professionals or executives.
15. What Happens After Our Consultation?
Will the lawyer send you a written agreement? Can you retain them immediately, or is more review needed? Being aware of the next steps, whether it is document review, filing, or negotiation, helps you make informed decisions.
Fee Structures: How Employment Lawyers Charge
Different firms use different fee models. Be sure to ask:
- Is there a retainer required for hourly billing?
Hourly billing is common in severance reviews or pre-litigation strategy consultations. - Are consultation fees credited toward future services?
Some firms credit the initial consultation cost toward your final bill if you proceed with representation.
What to Expect After the Consultation
After your initial meeting, you should walk away with:
- A clear understanding of your legal rights and possible claims
- A strategic action plan, including the first steps to take (e.g., document preservation, HR complaints, exit strategy)
- Realistic expectations about potential compensation, legal timelines, and chances of success
- Clarity on how communications with your employer should be handled moving forward
You should also know how the attorney will keep you informed, what their client communication policy is, and who specifically will be handling your case (partner, associate, or paralegal support).
What is Your Strategic Advantage with Levine & Blit on Your Side?
When it comes to standing up to powerful employers, including Fortune 500 companies, government agencies, or global institutions, you need a lawyer with more than just legal knowledge. You need a top legal team with tactical experience, negotiation prowess, trial experience, and the ability to apply pressure effectively and discreetly.
At Levine & Blit, our employment lawyers in NY have a formidable record of achieving multi-million-dollar severance payouts and discrimination verdicts for executives, professionals, and high-profile clients. We don’t represent corporations; we represent people. That means your interests come first, always. Here’s how we differentiate ourselves:
- Exclusive Employee Representation: We never represent employers. Our loyalty is entirely to you.
- Strategic Pre-Termination Guidance: If you’re still employed, we can coach you through internal complaint processes, protect your record, and improve your exit leverage.
- High-Level Severance Negotiations: We’ve successfully negotiated severance packages with legal safeguards that protect clients’ reputations, future employment, and financial security.
- Discreet Handling of High-Profile Matters: Our firm is often called upon for confidential cases involving media-sensitive terminations or workplace scandals.
- Personalized Legal Strategy: No cookie-cutter solutions. Every client receives a strategy crafted for their unique goals and risks.
👉Also Read: How Much Can You Claim for Wrongful Termination Against Your Employer in New York City?
Make Your Consultation Count: Call Our NYC Employment Attorney
Whether you are facing an immediate job loss, suspect discrimination, or just want a severance agreement reviewed, the key is acting early, asking the right questions, and partnering with a firm that has the reputation and experience to go toe-to-toe with even the largest employers.
At Levine & Blit, our attorneys are well-versed in state and federal employment laws, including the National Labor Relations Act, and regularly handle employment discrimination matters involving the National Labor Relations Board and Equal Employment Opportunity Commission.
We represent clients in all matters related to New York labor law, review employment contracts and employment agreements, and ensure compliance with wage protections such as overtime pay. Our law firm takes the attorney-client relationship seriously, offering strategic guidance grounded in both state and federal law protections.
Ready to take the first step? Reach out to Levine & Blit for a no-pressure meeting with an experienced employment lawyer NY employees trust. We are here to fight for your rights. Call us or contact us online to schedule a confidential consultation.