Employment Law Questions? Ask an Employment Lawyer.
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If they treated you this way based on you using FMLA leave or in retaliation for you being pregnant and needing leave, your first step is you must file a complaint with BOTH the US Department of Labor and the EEOC (the US DOL handles FMLA retaliation/discrimination claims and the EEOC handles the pregnancy, sex, discrimination claims).
They have to issue you a right to sue letter to sue for the retaliation and discrimination.As far as the payment, if your contract stated you are entitled to payment for the time, then you have grounds to sue. The NY law does not make payment of that time upon termination mandatory by law, it says if there is an employer policy or the employee has a contract stating it must be paid then it must be paid.
So you have two claims here, the first for retaliation/harassment/discrimination and the second a potential breach of contract claim.For the contract claim it depends on the wording of your contract as to whether you would collect payment for the breach of contract in not paying you any of your time they owed you under the contract.
Thank you for your reply.
I am afraid that if this happened in 2013 (not 2015 as you stated initially) the 300 day statute of limitations for the discrimination complaint has expired. HOWEVER, for the FMLA retaliation and harassment claim you have TWO years from the date that harassment and retaliation occurred.
You can file the complaint to the US Department of Labor without an attorney, but to sue you must have an attorney and we cannot make personal referrals, the best we can do is suggest using the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com for a local employment discrimination attorney.