If your employer has taken action against you based on discrimination, retaliation, or other unlawful conduct, you may have grounds for an employment claim under New York or federal law. These claims often involve strict filing deadlines and specific legal standards that vary depending on where and how you file.
Buffalo employment litigation attorneys at Greenberg Gross LLP represent workers throughout Western New York in disputes involving wrongful termination, discrimination, harassment, and whistleblower claims. Our firm brings more than a decade of trial experience to every case and advocates for our clients at every stage of the process.
If your employer violated your rights, contact Greenberg Gross LLP at (716) 819-8189 for a confidential consultation about your employment claim.
Why Choose a Buffalo Employment Litigation Attorney from Greenberg Gross LLP
Greenberg Gross LLP was founded by trial attorneys who left a global law firm to build a practice centered on results. That background shapes every employment case we take in Buffalo and across New York State.
Our firm has obtained significant results in past cases, including multi-million dollar recoveries in whistleblower and contract matters. Prior results do not guarantee a similar outcome.
Trial-Focused Representation for Workplace Claims
Our attorneys approach every case with thorough preparation and a clear readiness to go to trial when necessary.
That level of preparation may strengthen our clients' position during settlement negotiations, because opposing counsel understands they may be facing attorneys who are fully prepared to present the case at trial.
Serving Buffalo and Western New York
Our Buffalo office at 1 Seneca Street sits in the heart of downtown, near Niagara Square and the Erie County courthouse. We understand the industries that drive the Western New York economy and the challenges Buffalo workers face in sectors ranging from healthcare to manufacturing.
Whether your claim involves a private employer in Amherst, a hospital system in Cheektowaga, or a company near the I-90 corridor, our team provides representation tailored to your circumstances.
Greenberg Gross also maintains offices in New York City, Los Angeles, Las Vegas, Newark, Boston, Philadelphia, Pittsburg, Chicago, and our headquarters in Costa Mesa, California. That multi-state presence gives our Buffalo clients access to firm-wide litigation resources that most regional practices do not offer.
How Buffalo Workers Are Protected from Employment Discrimination
Buffalo employees benefit from a strong layered system of anti-discrimination protection. Two levels of law work together to shield you from unlawful treatment at work: federal law and New York State law. Understanding how these protections overlap matters because each law covers different employers and offers different remedies.
Federal Anti-Discrimination Laws
Several federal statutes form the foundation of workplace discrimination protection for Buffalo employees:
- Title VII of the Civil Rights Act of 1964 prohibits employers with 15 or more employees from discriminating based on race, color, religion, sex, and national origin.
- The Americans with Disabilities Act (ADA) adds protections for workers with qualifying disabilities at employers with 15 or more employees.
- The Age Discrimination in Employment Act (ADEA) covers workers 40 and older at employers with 20 or more employees.
These federal laws set the baseline, but Buffalo workers have access to broader protections under state law.
New York State Human Rights Law (NYSHRL)
The New York State Human Rights Law provides broader workplace protections than federal law in several key ways, expanding both coverage and available remedies for employees:
- Applies to smaller employers: The NYSHRL covers employers with as few as four employees, extending protection to many workers who may not be covered under federal statutes.
- Extensive protected categories: The law prohibits discrimination based on age, race, creed, color, national origin, sex, sexual orientation, gender identity, gender expression, disability, genetic predisposition, marital status, familial status, military status, and status as a victim of domestic violence.
- Recognizes disparate impact claims: Under Executive Law § 296, employers may be held liable for policies or practices that disproportionately affect a protected group, even without proof of intent.
- No cap on compensatory damages: Unlike federal law, which limits damages based on employer size, the NYSHRL does not impose a cap on compensatory damages awarded by a court.
These provisions make the NYSHRL a strong option for Erie County employees, particularly when federal law does not apply or when state law offers broader protection.
What Types of Workplace Claims Qualify as Employment Litigation in Buffalo?
Employment litigation covers a wide range of legal disputes between workers and employers. Not every bad experience at work rises to the level of an actionable legal claim, but many situations that feel wrong are, in fact, unlawful.
Hiring and Promotion Discrimination
You may have been passed over for a position or a promotion despite being the most qualified candidate. Sometimes discriminatory intent shows up in who gets interviewed, who gets mentored, and whose contributions are recognized.
Hostile Work Environment
Repeated offensive comments, jokes, slurs, or behavior targeting a protected characteristic may create a toxic work environment that interferes with your ability to do your job. A hostile work environment claim does not require a single extreme incident. A pattern of conduct may be just as unlawful.
Wrongful Termination
New York is an at-will employment state, meaning employers may generally end the employment relationship for any lawful reason. But termination based on a protected characteristic, in retaliation for protected activity, or in violation of public policy may give rise to a wrongful termination claim.
Failure to Accommodate
Under both the ADA and the NYSHRL, employers must engage in a good-faith interactive process to provide reasonable accommodations for employees with disabilities and pregnancy-related conditions. Ignoring your accommodation request, or retaliating against you for making one, is unlawful.
Whistleblower Retaliation
State and federal law prohibit employers from punishing you for reporting discrimination, filing a complaint, or participating in an investigation. Retaliation may include termination, demotion, schedule changes, exclusion from projects, or any other action that would discourage a reasonable person from speaking up.
Whether your experience involves one of these situations or something else entirely, the key question is whether your employer's actions were motivated by a protected characteristic or by your decision to exercise a legal right. That is what our Buffalo employment litigation attorneys are trained to uncover.
Where to File an Employment Discrimination Complaint in Buffalo
One of the more confusing aspects of employment discrimination law is that you may have multiple filing options, and each comes with its own deadline and procedural requirements.
Three Agencies That Handle Buffalo Employment Claims
The New York State Division of Human Rights (DHR) enforces the NYSHRL. You must file within one year of the most recent discriminatory act. The DHR investigates complaints, offers mediation, and may hold hearings. Filing with the DHR waives your right to bring the same state-law claims in court.
You can also file directly in New York State court, including Erie County Supreme Court. You have three years to bring a claim under the NYSHRL. This option allows a jury trial and access to remedies such as punitive damages.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. You generally have 300 days to file a charge. The EEOC and DHR have a work-sharing agreement, so you can cross-file to preserve both state and federal claims.
Filing deadlines are strict. Missing one may bar your claim, so early action helps protect your rights.
What Damages May Be Available in Buffalo Employment Litigation?
If your employer violated anti-discrimination laws, you may be entitled to several forms of compensation. The specific remedies available depend on which laws apply and the facts of your case.
- Back pay covers the wages and benefits you lost as a result of the discrimination, from the date of the adverse action through the resolution of your case.
- Front pay compensates you for future lost earnings if reinstatement to your position is not practical or appropriate.
- Compensatory damages address emotional distress, mental anguish, and the personal toll the discrimination has taken on your life. Under the NYSHRL, there are no caps on compensatory damages.
- Punitive damages are designed to address particularly egregious or willful employer conduct and to deter similar behavior. These are available in court but not through the DHR.
- Attorney's fees and costs help offset the financial burden of pursuing your claim.
Every discrimination case is different, and the potential value of your claim depends on factors like the severity of the conduct, the financial impact on your career, and the strength of the available evidence. Our employment litigation attorneys evaluate each case individually to build the strongest path toward recovery.
What Does the Employment Litigation Process Look Like in Buffalo?
Many workers hesitate to take legal action because they are unsure what the process involves. While every case has unique circumstances, employment litigation in New York follows a general framework.
Initial Case Evaluation
A litigation attorney reviews the facts of your situation, identifies potential claims, and explains the strengths and risks involved. This evaluation also addresses filing deadlines, the evidence you already have, and the evidence that still needs to be gathered.
Pre-Litigation Demand and Negotiation
In many cases, your attorney sends a demand letter to the employer outlining the claims and the relief sought. Some disputes resolve at this stage through negotiation or early mediation, particularly when the evidence is strong and the employer recognizes the cost of prolonged litigation.
Filing the Complaint
If pre-litigation efforts do not produce a fair resolution, your attorney files a complaint in the appropriate court or administrative agency. In Buffalo, employment cases are typically filed in Erie County Supreme Court for state claims or the U.S. District Court for the Western District of New York for federal claims.
Discovery, Motions, and Trial
Discovery involves exchanging documents, taking depositions, and gathering evidence from both sides. Either party may file motions to narrow the issues or seek early resolution. If the case proceeds to trial, your attorney presents the evidence to a judge or jury.
Many employment disputes resolve before trial, though outcomes vary based on the facts and legal issues involved. Having attorneys who prepare fully for trial gives you leverage at every phase. At Greenberg Gross LLP, trial preparation is a core part of our approach, not an afterthought.
Ask Greenberg Gross
How much does it cost to hire a Buffalo employment litigation attorney?
Most employment attorneys, including Greenberg Gross LLP, handle cases on a contingency fee basis, meaning you pay no upfront legal fees. Your attorney's fees come from the recovery in your case. If there is no recovery, you typically do not owe attorney's fees, though you may be responsible for certain case-related costs depending on your fee agreement. This structure makes legal representation accessible regardless of your current financial situation.
Do I have a case if I was fired but my employer says it was for performance reasons?
Employers frequently cite performance issues as the reason for termination or demotion, even when discrimination was the true motivation. If the timing, circumstances, or pattern of treatment suggests that the stated reason is a pretext for discrimination, your claim may still be strong. An experienced attorney knows how to challenge pretextual justifications.
What if my employer retaliates against me for filing a complaint?
Retaliation is illegal under both New York State and federal law. If your employer demotes you, cuts your hours, reassigns you to undesirable duties, or fosters a hostile environment after you file a complaint or participate in an investigation, you may have a separate retaliation claim. Retaliation claims sometimes carry stronger evidence than the underlying discrimination claim itself.
Do I have to quit my job before I hire a lawyer?
No. You do not need to leave your position to consult with an attorney or pursue an employment claim. Staying employed while building your case often strengthens your legal position and preserves your income. Your attorney advises you on how to document ongoing issues while continuing to work.
FAQs for Buffalo Employment Litigation
How long do I have to file an employment discrimination claim in Buffalo, New York?
You have three years from the discriminatory act to file a lawsuit in New York State court under the NYSHRL. If you file with the DHR instead, the deadline is one year. Federal claims through the EEOC require filing within 300 days. These deadlines run simultaneously and do not pause while you decide, so consulting an attorney early gives you the widest range of options.
What types of evidence help prove an employment discrimination case?
Effective employment cases typically rely on emails, text messages, performance reviews, witness statements, and documentation showing how the employer treated other employees in comparable situations. A pattern of positive reviews followed by sudden negative evaluations after you engaged in protected activity may support your claim. Your attorney helps identify and preserve this evidence before it disappears.
Does New York law protect employees who report illegal activity at work?
Yes. New York has multiple whistleblower protection statutes, including Section 740 of the New York Labor Law, which prohibits retaliation against employees who report violations of law, rule, or regulation, including conduct that may pose risks to public health or safety or involve fraud. These protections were significantly expanded in recent years to cover a broader range of reported conduct and a wider group of workers.
What is the difference between filing with the DHR and filing a lawsuit in court?
Filing with the DHR starts an administrative investigation at no cost to you, but it limits your available remedies and removes your case from the court system. Filing directly in court gives you access to a jury trial, punitive damages, and potentially larger compensatory awards. You generally must choose one path or the other for your state-law claims, which is why getting legal guidance before filing is important.
What happens if I win my employment case?
If you prevail, the court or agency may order your employer to pay back wages, front pay, compensatory damages for emotional distress, and attorney's fees. In some cases, punitive damages are also awarded. The court may also order reinstatement to your former position, though many workers prefer a financial resolution over returning to the same employer.
Take Action on Your Buffalo Employment Litigation Claim
Workplace violations do not resolve themselves, and the longer you wait, the harder it becomes to gather evidence and meet filing deadlines. Every week that passes is a week your employer may spend building its defense or allowing documentation to disappear. Your rights have time limits, and those limits do not bend.
Greenberg Gross LLP's trial attorneys represent Buffalo workers from our downtown office at 1 Seneca Street and bring the full resources of a nationally recognized litigation firm to every case. Call (716) 819-8189 or (855) 255-5515 for a confidential consultation about your employment claim in Buffalo.