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  1. #1
    Join Date
    Jul 2008

    Default Violation of Section 296 of the Human Rights Law

    My question involves labor and employment law for the state of: New York
    In Nov of 2006 I was told I had to be "let go" because I was unable to do my job because I was pregnent. I have a high risk PG and was on bed rest twice however i was cleared to work part time. I had a desk job. Then the CEO of the co. i was working for told me I had to go home they didnt want me to get hurt. Blah Blah Blah in the end I was released to work full time again and 5 days after being back at my job the let me go. I went to the DOL because of what I was told the reson was for letting me go. anyway after all this time me calling the DOl to see whats going on and never having anyone assigned to my case I get a lettler that they want o investagate it woot woot. Im so excited. anyway My question is this what do cases like this usually settle for? Like if I am offered to settle out of court my sister who has been in law for 23 years told me what ever you do do not offer an amount to them first. Make them make an offer I get it however how do I figure out what is fair. these people caused major problems for me other then fireing me while I was PG . I lost my health care had to find all new doctors and was very depressed because I loved my job. did I mention I was promoted 3 times in less then a years with pay increases. My sister said figure out lost wages and medical bills due to this. I have tons couldnt get insurance and now am being sued by doctors and Hospt. for baby costs. I did however feel pain and suffering. This added major stress to my life and I was already in a high risk PG. so how do I figure out what this is all worth. The co. is an aerospace co. whos annual is around 97 mil. for 2007 They just signed a deal with lockheed martin for 104,000,000 to be completed in 2012. Can anyone help me out. give me advice. Thats is you can even understand this post ,sorry I know Im all over the place

  2. #2
    Join Date
    Jun 2006

    Default Re: Violation of Section 296 of the Human Rights Law

    No one but an attorney in your state who is familiar with all the details can give you even a remote guess as to what your case might end up settling for. There is no such thing as "usually"; it runs the gambit between zero and several million, and everything in between, based on the specific details.

  3. #3
    Join Date
    Aug 2007

    Default Re: Violation of Section 296 of the Human Rights Law

    A seasoned attorney can provide anwers in an initial consultation.

    There is a consideration of a possible damage "cap" and a single digit punitive damage award, if any. The SC has limited punitive damages awards under the Due Process clause, so it is vital that an attorney know what to pray for in damages.

    You can't sue for 50 million in PD if you are only entitled to 100,00.00 in compensatory damages, the ratio is too high.

    If you sue under Title 7, if I am not mistaken, there is a $300,000.00 damage cap, pecuniary losses, etc., although you mention the comparable state statute.

    Talk to an attorney on accepting your case, if you wish.

    Best wishes.

  4. #4
    Join Date
    Dec 2005

    Default Re: Violation of Section 296 of the Human Rights Law

    You should ask the DOL to tell you what full relief would be if they found that your ex-employer discriminated against you when it terminated your employment. Full relief will give you some idea of what the employer would be required to pay if it lost the case. Employers rarely offer more than full relief to administratively resolve a case.

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