518.308.8339
Saratoga Springs, NY
518.308.8339
Saratoga Springs, NY

Fired After Medical Leave or Complaining About Discrimination? Know Your Rights in New York

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Have you recently returned from medical leave, only to be hit with write-ups for minor issues? Or maybe you spoke up about being treated unfairly at work—due to your race, age, gender, pregnancy, or disability—and now your job has mysteriously been “eliminated for budget reasons.” Unfortunately, this kind of retaliation is all too common, especially in large companies.

What Retaliation Can Look Like at Work

Let’s break down a typical scenario:

  • You work for a large corporation.
  • You take time off for medical, family, or pregnancy-related reasons.
  • You return to work and receive a disciplinary write-up for something small.
  • You speak up—and suddenly, more write-ups follow.
  • Eventually, you’re terminated.

Or maybe you report discrimination, and weeks later, your position is cut, you’re laid off, or you’re fired without a clear explanation.

If this sounds familiar, you’re not alone—and you may have legal options under New York employment law.

Discrimination and Retaliation Are Against the Law in New York

Under New York State Human Rights Law, as well as federal laws enforced by the EEOC (Equal Employment Opportunity Commission), it’s illegal for employers to retaliate against workers for:

  • Taking protected medical or family leave
  • Reporting discrimination or harassment
  • Requesting reasonable accommodations for a disability or pregnancy
  • Participating in an investigation or legal claim

It’s also unlawful to treat employees unfairly based on race, gender, age, sexual orientation, disability, national origin, or religion.

Even though employment laws often seem to favor employers, discrimination and retaliation are still illegal. You do have rights.

Why You Need an Experienced New York Employment Attorney

The world of employment law can be confusing—and unfortunately, full of legal traps for employees. Large companies often hire aggressive law firms to protect their interests, which means you need an advocate who knows how to fight back.

At our firm, we’ve handled cases across all levels:

  • New York State Division of Human Rights (NYSDHR)
  • EEOC
  • New York State and Federal Courts

We’ve gone head-to-head with some of the biggest law firms in the country—and won. Employers won’t take your claim seriously unless your attorneys are experienced, knowledgeable, and ready to take your case all the way to trial if necessary.

Speak With a New York Employment Lawyer—for Free

You likely have a lot of questions. If you’re feeling overwhelmed, ignored, or unsure what to do next, we’re here to help. Call us for a free consultation. You’ll speak directly with an experienced employment attorney—not a paralegal or assistant.

You deserve real answers, and more importantly, you deserve justice.


Fired After Medical Leave or Complaining About Discrimination? Know Your Rights in New York

Have you recently returned from medical leave, only to be hit with write-ups for minor issues? Or maybe you spoke up about being treated unfairly at work—due to your race, age, gender, pregnancy, or disability—and now your job has mysteriously been “eliminated for budget reasons.” Unfortunately, this kind of retaliation is all too common, especially in large companies.

What Retaliation Can Look Like at Work

Let’s break down a typical scenario:

  • You work for a large corporation.
  • You take time off for medical, family, or pregnancy-related reasons.
  • You return to work and receive a disciplinary write-up for something small.
  • You speak up—and suddenly, more write-ups follow.
  • Eventually, you’re terminated.

Or maybe you report discrimination, and weeks later, your position is cut, you’re laid off, or you’re fired without a clear explanation.

If this sounds familiar, you’re not alone—and you may have legal options under New York employment law.

Discrimination and Retaliation Are Against the Law in New York

Under New York State Human Rights Law, as well as federal laws enforced by the EEOC (Equal Employment Opportunity Commission), it’s illegal for employers to retaliate against workers for:

  • Taking protected medical or family leave
  • Reporting discrimination or harassment
  • Requesting reasonable accommodations for a disability or pregnancy
  • Participating in an investigation or legal claim

It’s also unlawful to treat employees unfairly based on race, gender, age, sexual orientation, disability, national origin, or religion.

Even though employment laws often seem to favor employers, discrimination and retaliation are still illegal. You do have rights.

Why You Need an Experienced New York Employment Attorney

The world of employment law can be confusing—and unfortunately, full of legal traps for employees. Large companies often hire aggressive law firms to protect their interests, which means you need an advocate who knows how to fight back.

At our firm, we’ve handled cases across all levels:

  • New York State Division of Human Rights (NYSDHR)
  • EEOC
  • New York State and Federal Courts

We’ve gone head-to-head with some of the biggest law firms in the country—and won. Employers won’t take your claim seriously unless your attorneys are experienced, knowledgeable, and ready to take your case all the way to trial if necessary.

Speak With a New York Employment Lawyer—for Free

You likely have a lot of questions. If you’re feeling overwhelmed, ignored, or unsure what to do next, we’re here to help. Call us for a free consultation. You’ll speak directly with an experienced employment attorney—not a paralegal or assistant.

You deserve real answers, and more importantly, you deserve justice.


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What to Do After a Motor Vehicle Accident in New York: Settle or Sue?

If you’ve been involved in a car, truck, or motorcycle accident in New York, one of the biggest decisions you’ll face is whether to accept a settlement from the insurance company or file a personal injury lawsuit. At D’Orazio Peterson, we’re an experienced New York personal injury and employment law firm that represents clients throughout the state in serious accident cases. Let’s walk through some key considerations that can help you decide the best path forward.


When Settling with the Insurance Company Might Make Sense

In some cases, it may be perfectly reasonable to settle with the insurance company—especially when:

1. Your Injuries Are Not Legally “Serious” Under New York Law

Under New York’s No-Fault Insurance Law, you can only bring a lawsuit for personal injuries if those injuries meet the legal threshold of being “serious.” This includes things like bone fractures, significant disfigurement, permanent loss of use of a body organ or system, or an injury that prevents you from performing normal daily activities for at least 90 out of the first 180 days after the accident.
If your injuries don’t meet this legal standard, your best option may be to accept the insurance company’s offer—even if it feels low.

2. The Insurance Company Offers the Full Policy Limits

If the at-fault driver’s insurance company offers you the full amount of the policy, it could make sense to settle—but only after confirming that there are no other available sources of compensation, such as:

  • Umbrella or excess insurance policies
  • Employer or commercial policies (if a company vehicle was involved)

We often see people miss out on these additional coverages because they’re not obvious and require deeper investigation.


When Filing a Lawsuit Is Usually the Better Option

There are situations where filing a lawsuit is the smarter and safer option, particularly when:

1. There’s a Dispute About Fault or Damages

If the insurance company is disputing who is at fault or downplaying the severity of your injuries, it’s often necessary to file a lawsuit to get to the truth. Litigation allows both sides to exchange evidence and bring in expert witnesses if needed.

2. Your Injuries Are Severe and Long-Term

Let’s say you suffered a serious injury—like a fractured knee that required multiple surgeries and a long recovery. In that case, it’s too early to know the full impact of the injury or what future treatment and limitations might look like.
If you settle too quickly, you could end up without enough compensation to cover future medical care, lost wages, or pain and suffering.

By filing a lawsuit early, we can begin building your case, consult with medical experts, and accurately assess your damages before any meaningful settlement discussions occur.


Our Philosophy: No One-Size-Fits-All Approach

At D’Orazio Peterson, we believe in tailoring our strategy to each client’s specific case and injuries. While quick settlements may work in minor cases, we’ve found that this often leaves money on the table—and that’s not something we’re okay with.

We’re committed to doing what’s best for you in the long run, even if that means taking the longer route through the court system. Our goal is always to maximize your recovery and make sure you’re fully protected under New York personal injury laws.


Need Help Deciding Whether to Settle or Sue?

If you or a loved one has been hurt in a New York motor vehicle, truck, or motorcycle accident, don’t try to navigate this decision alone. The insurance companies are looking out for their bottom line—we’re here to look out for you.

📞 Call D’Orazio Peterson today for a free consultation. We’re happy to walk you through your options and help you make the best decision for your unique situation.


Should I Settle or File a Lawsuit After a Car, Truck, or Motorcycle Accident in New York? Here’s What You Need to Know…

What to Do After a Motor Vehicle Accident in New York: Settle or Sue?

If you’ve been involved in a car, truck, or motorcycle accident in New York, one of the biggest decisions you’ll face is whether to accept a settlement from the insurance company or file a personal injury lawsuit. At D’Orazio Peterson, we’re an experienced New York personal injury and employment law firm that represents clients throughout the state in serious accident cases. Let’s walk through some key considerations that can help you decide the best path forward.


When Settling with the Insurance Company Might Make Sense

In some cases, it may be perfectly reasonable to settle with the insurance company—especially when:

1. Your Injuries Are Not Legally “Serious” Under New York Law

Under New York’s No-Fault Insurance Law, you can only bring a lawsuit for personal injuries if those injuries meet the legal threshold of being “serious.” This includes things like bone fractures, significant disfigurement, permanent loss of use of a body organ or system, or an injury that prevents you from performing normal daily activities for at least 90 out of the first 180 days after the accident.
If your injuries don’t meet this legal standard, your best option may be to accept the insurance company’s offer—even if it feels low.

2. The Insurance Company Offers the Full Policy Limits

If the at-fault driver’s insurance company offers you the full amount of the policy, it could make sense to settle—but only after confirming that there are no other available sources of compensation, such as:

  • Umbrella or excess insurance policies
  • Employer or commercial policies (if a company vehicle was involved)

We often see people miss out on these additional coverages because they’re not obvious and require deeper investigation.


When Filing a Lawsuit Is Usually the Better Option

There are situations where filing a lawsuit is the smarter and safer option, particularly when:

1. There’s a Dispute About Fault or Damages

If the insurance company is disputing who is at fault or downplaying the severity of your injuries, it’s often necessary to file a lawsuit to get to the truth. Litigation allows both sides to exchange evidence and bring in expert witnesses if needed.

2. Your Injuries Are Severe and Long-Term

Let’s say you suffered a serious injury—like a fractured knee that required multiple surgeries and a long recovery. In that case, it’s too early to know the full impact of the injury or what future treatment and limitations might look like.
If you settle too quickly, you could end up without enough compensation to cover future medical care, lost wages, or pain and suffering.

By filing a lawsuit early, we can begin building your case, consult with medical experts, and accurately assess your damages before any meaningful settlement discussions occur.


Our Philosophy: No One-Size-Fits-All Approach

At D’Orazio Peterson, we believe in tailoring our strategy to each client’s specific case and injuries. While quick settlements may work in minor cases, we’ve found that this often leaves money on the table—and that’s not something we’re okay with.

We’re committed to doing what’s best for you in the long run, even if that means taking the longer route through the court system. Our goal is always to maximize your recovery and make sure you’re fully protected under New York personal injury laws.


Need Help Deciding Whether to Settle or Sue?

If you or a loved one has been hurt in a New York motor vehicle, truck, or motorcycle accident, don’t try to navigate this decision alone. The insurance companies are looking out for their bottom line—we’re here to look out for you.

📞 Call D’Orazio Peterson today for a free consultation. We’re happy to walk you through your options and help you make the best decision for your unique situation.


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Think a single Facebook post can’t affect your personal injury case? Think again. If you’re filing a lawsuit in New York—whether it’s for a car accident, workplace discrimination, or medical malpractice—what you post online could seriously damage your credibility and potentially ruin your claim.

Hi, I’m Scott Peterson, a plaintiff’s litigation attorney based in New York. I want to explain why using social media while pursuing a legal claim is a risk you simply can’t afford to take.

Social Media Is Not Your Friend During a Lawsuit

It’s common for people to post updates about their lives on platforms like Facebook, Instagram, TikTok, and X (formerly Twitter). But if you’re a plaintiff in an active legal case, we strongly advise you to avoid posting anything at all.

Many clients ask us, “What’s the harm in one Facebook update?” The answer is: that single post could be twisted and used against you in court.

One Post Can Destroy Your Credibility

Imagine this: you’re suing after a serious car crash in Albany or Brooklyn, and you have a broken leg. You claim in your lawsuit that you have limited mobility and are experiencing ongoing pain.

But then you post something like, “Had a great hike yesterday!” on your personal Facebook page.

Even if that “hike” was a slow, painful walk or part of your physical therapy, the defense attorney or insurance company will take that post and use it to challenge your credibility. At your deposition, you might get hit with questions like, “How could you go hiking with a broken leg?”

Your answer might be totally reasonable, but the damage is already done. It gives the defense ammunition to portray you as dishonest or exaggerating your injuries.

Insurance Companies and Defense Lawyers Are Watching

In New York, defense attorneys regularly monitor public social media accounts. They’re looking for anything that could contradict your claims. Their job is to reduce the amount their client has to pay—or to get your case dismissed altogether.

That means even innocent posts or pictures can be taken out of context and used to question your honesty.

Protect Your Case: Stay Off Social Media

If you’re thinking about filing a personal injury, discrimination, or medical malpractice lawsuit anywhere in New York—whether you live in Manhattan, Syracuse, or Schenectady—do yourself a huge favor: stay off social media completely.

That includes:

  • No posts about your injuries or recovery
  • No pictures from outings or vacations
  • No check-ins or location tags
  • No comments that could be interpreted the wrong way

Even if your account is set to “private,” assume that anything you post could end up in the hands of the defense.

Have Questions About Your Case?

We help clients across New York understand how to protect themselves while pursuing justice. Whether you’re dealing with a car accident, discrimination, or medical negligence, we’re here to guide you.

Call us today at 518-308-8339 or visit us online at D’OrazioPeterson.com to schedule a free consultation.


Why One Facebook Post Can Ruin Your Personal Injury or Discrimination Case in New York?

Think a single Facebook post can’t affect your personal injury case? Think again. If you’re filing a lawsuit in New York—whether it’s for a car accident, workplace discrimination, or medical malpractice—what you post online could seriously damage your credibility and potentially ruin your claim.

Hi, I’m Scott Peterson, a plaintiff’s litigation attorney based in New York. I want to explain why using social media while pursuing a legal claim is a risk you simply can’t afford to take.

Social Media Is Not Your Friend During a Lawsuit

It’s common for people to post updates about their lives on platforms like Facebook, Instagram, TikTok, and X (formerly Twitter). But if you’re a plaintiff in an active legal case, we strongly advise you to avoid posting anything at all.

Many clients ask us, “What’s the harm in one Facebook update?” The answer is: that single post could be twisted and used against you in court.

One Post Can Destroy Your Credibility

Imagine this: you’re suing after a serious car crash in Albany or Brooklyn, and you have a broken leg. You claim in your lawsuit that you have limited mobility and are experiencing ongoing pain.

But then you post something like, “Had a great hike yesterday!” on your personal Facebook page.

Even if that “hike” was a slow, painful walk or part of your physical therapy, the defense attorney or insurance company will take that post and use it to challenge your credibility. At your deposition, you might get hit with questions like, “How could you go hiking with a broken leg?”

Your answer might be totally reasonable, but the damage is already done. It gives the defense ammunition to portray you as dishonest or exaggerating your injuries.

Insurance Companies and Defense Lawyers Are Watching

In New York, defense attorneys regularly monitor public social media accounts. They’re looking for anything that could contradict your claims. Their job is to reduce the amount their client has to pay—or to get your case dismissed altogether.

That means even innocent posts or pictures can be taken out of context and used to question your honesty.

Protect Your Case: Stay Off Social Media

If you’re thinking about filing a personal injury, discrimination, or medical malpractice lawsuit anywhere in New York—whether you live in Manhattan, Syracuse, or Schenectady—do yourself a huge favor: stay off social media completely.

That includes:

  • No posts about your injuries or recovery
  • No pictures from outings or vacations
  • No check-ins or location tags
  • No comments that could be interpreted the wrong way

Even if your account is set to “private,” assume that anything you post could end up in the hands of the defense.

Have Questions About Your Case?

We help clients across New York understand how to protect themselves while pursuing justice. Whether you’re dealing with a car accident, discrimination, or medical negligence, we’re here to guide you.

Call us today at 518-308-8339 or visit us online at D’OrazioPeterson.com to schedule a free consultation.


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If you’re wondering how lawyers get paid in New York, you’re not alone. Understanding legal fees is one of the most common concerns people have when thinking about hiring an attorney—especially if it’s your first time. Whether you’re dealing with a personal injury, need help drafting a will, or want to know what you’re getting into before contacting a lawyer, here’s what you should know.

1. Hourly Billing: The Traditional Model

In New York and across the country, many attorneys charge by the hour. This means you’re billed for the actual time your lawyer spends working on your case—whether it’s reviewing documents, preparing for court, or meeting with you. Hourly rates can vary widely based on the lawyer’s experience, area of law, and where in New York they practice (for example, legal fees in Manhattan are often higher than in other parts of the state).

Example: If an attorney charges $350 per hour and works five hours on your case, your bill will be $1,750.

2. Flat Fee Billing: Predictable and Clear

For legal matters with a defined scope—like drafting a will, creating a trust, handling a real estate closing, or preparing certain business documents—many New York attorneys offer flat-fee pricing. This means you pay a set amount for a specific service, regardless of how much time the attorney spends.

This model provides cost certainty and is especially common in estate planning and transactional work.

Example: You might pay a flat fee of $1,200 to have a comprehensive estate plan prepared, including a will, power of attorney, and healthcare proxy.

3. Contingency Fee: You Don’t Pay Unless You Win

If you’re pursuing a personal injury, employment discrimination, medical malpractice, or wrongful termination case in New York, chances are your attorney will work on a contingency fee basis.

This means:

  • You do not pay anything upfront.
  • Your attorney only gets paid if they win your case—either through a settlement or a jury verdict.
  • Their fee is a percentage of the money recovered, typically around 33⅓% in New York, but it can vary.

If your lawyer doesn’t win the case, you owe them nothing in legal fees. This model reduces financial risk for you, especially if you’re dealing with medical bills or lost income.


Choosing the Right Fee Structure for Your Legal Needs

Each billing model serves a different purpose depending on your legal issue. Contingency fees offer access to justice for people who might not otherwise afford a lawyer. Flat fees offer simplicity and predictability. Hourly billing gives you flexibility and is often used for complex or ongoing legal matters.

Need Help from a New York Lawyer?

Have more questions about legal fees in New York or which billing model is right for your case? Our team is here to help. Contact us today for a free consultation and let’s talk about your options—so you can move forward with confidence.


How Much Does a Lawyer Cost in New York? Understanding Hourly, Flat Fee, and Contingency Billing

If you’re wondering how lawyers get paid in New York, you’re not alone. Understanding legal fees is one of the most common concerns people have when thinking about hiring an attorney—especially if it’s your first time. Whether you’re dealing with a personal injury, need help drafting a will, or want to know what you’re getting into before contacting a lawyer, here’s what you should know.

1. Hourly Billing: The Traditional Model

In New York and across the country, many attorneys charge by the hour. This means you’re billed for the actual time your lawyer spends working on your case—whether it’s reviewing documents, preparing for court, or meeting with you. Hourly rates can vary widely based on the lawyer’s experience, area of law, and where in New York they practice (for example, legal fees in Manhattan are often higher than in other parts of the state).

Example: If an attorney charges $350 per hour and works five hours on your case, your bill will be $1,750.

2. Flat Fee Billing: Predictable and Clear

For legal matters with a defined scope—like drafting a will, creating a trust, handling a real estate closing, or preparing certain business documents—many New York attorneys offer flat-fee pricing. This means you pay a set amount for a specific service, regardless of how much time the attorney spends.

This model provides cost certainty and is especially common in estate planning and transactional work.

Example: You might pay a flat fee of $1,200 to have a comprehensive estate plan prepared, including a will, power of attorney, and healthcare proxy.

3. Contingency Fee: You Don’t Pay Unless You Win

If you’re pursuing a personal injury, employment discrimination, medical malpractice, or wrongful termination case in New York, chances are your attorney will work on a contingency fee basis.

This means:

  • You do not pay anything upfront.
  • Your attorney only gets paid if they win your case—either through a settlement or a jury verdict.
  • Their fee is a percentage of the money recovered, typically around 33⅓% in New York, but it can vary.

If your lawyer doesn’t win the case, you owe them nothing in legal fees. This model reduces financial risk for you, especially if you’re dealing with medical bills or lost income.


Choosing the Right Fee Structure for Your Legal Needs

Each billing model serves a different purpose depending on your legal issue. Contingency fees offer access to justice for people who might not otherwise afford a lawyer. Flat fees offer simplicity and predictability. Hourly billing gives you flexibility and is often used for complex or ongoing legal matters.

Need Help from a New York Lawyer?

Have more questions about legal fees in New York or which billing model is right for your case? Our team is here to help. Contact us today for a free consultation and let’s talk about your options—so you can move forward with confidence.


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518.308.8339
Saratoga Springs, NY
518.308.8339
Saratoga Springs, NY