If you’ve experienced employment discrimination, sexual harassment, or violations of your rights under New York employment law, you may be wondering what kind of compensation—or “damages”—you might be entitled to if you take legal action.
In Episode 5 of The New York Employment Law Show, attorney Scott Peterson breaks down the different types of damages available to employees who have been wrongfully treated at work under both New York State and federal law.
Types of Compensation in New York Employment Cases
Here’s a simplified overview of the kinds of damages you could potentially recover in a successful lawsuit:
1. Emotional Distress Damages
If you’ve suffered emotional harm as a result of discrimination or harassment, you may be entitled to compensation.
- Garden-variety damages: These cover typical emotional suffering such as stress, anxiety, or embarrassment.
- Enhanced emotional distress damages: If you’ve sought professional help (like therapy or counseling), you may be eligible for a higher award.
Courts often award more compensation when a plaintiff has documented psychological treatment.
2. Lost Wages
You may recover two types of lost wage damages:
- Back Pay: Wages lost from the time you were fired or forced to resign (due to a hostile work environment) until the resolution of your case.
- Front Pay: Compensation for future lost wages if you’re unable to find similar work or have taken a lower-paying job.
Example:
If you were earning $50,000/year, lost your job, and have been out of work for a year, you could claim $50,000 in back pay. If you found a new job at $30,000/year, you may also be entitled to $20,000 per year in front pay—potentially for several years into the future.
3. Attorney’s Fees
In many successful employment law cases, the losing side (usually the employer) may be required to pay your attorney’s fees. This is especially common in cases that go to trial. That means you won’t necessarily have to pay out-of-pocket for legal representation.
4. Punitive Damages
Punitive damages are meant to punish especially bad behavior by an employer. However, these are rare and typically only awarded in cases where the employer’s conduct was egregiously wrong.
⚠️ Note: If your employer is a government agency or municipality in New York, you usually cannot recover punitive damages against them.
5. Liquidated Damages Under the Family and Medical Leave Act (FMLA)
If your employer violated the FMLA, you may be entitled to double damages (also known as liquidated damages). For example, if you’re owed $50,000 in back pay, you could recover $100,000.
Federal vs. New York State Law: What’s the Difference?
Whether your claim falls under federal law, New York State law, or both can affect what damages are available. For instance:
- Federal laws (like Title VII or the FMLA) apply to larger employers.
- New York State laws often cover smaller employers and may provide broader protections and more generous damages.
Why Legal Guidance Matters?
Employment laws in New York are complex and constantly evolving. That’s why it’s essential to work with an experienced employment attorney who understands how to navigate both federal and state legal systems. The right lawyer can help you maximize your recovery and ensure your rights are fully protected.
Have Questions?
At D’Orazio Peterson LLP, we help clients across New York State understand their rights and pursue justice in workplace discrimination, harassment, and retaliation cases. Whether you’re in Albany, Saratoga Springs, New York City, or anywhere in between—we’re here to help.
➡️ Contact us today for a consultation.
Your rights matter. Your story matters.