Were you fired and think it might have been unfair or retaliatory? Contact us, and our New York wrongful termination lawyers will review your case.
For example, if you lost your job after reporting unsafe working conditions or taking medical leave, you may have a wrongful termination claim in New York City.
Wrongful termination can be devastating, leaving you without income and potentially hurting your career. In this guide, we’ll explore how New York wrongful termination laws protect employees, show common types of wrongful termination cases, and go over your options if you believe your termination was unjust.
In New York, most employment is “at-will,” meaning an employer can terminate employment for almost any reason. However, there are exceptions. If your firing violated discrimination laws, was retaliation for reporting issues, or a breach of contract, it might be wrongful termination, and you could have a case against your employer.
Understanding Wrongful Termination
You might wonder, “Can I be fired for any reason in New York City?”
New York is an “at-will” employment state, which means employers can generally terminate employees without a reason. However, federal and state laws limit this to protect workers from discrimination, retaliation, and other unfair practices. Federal laws are set by the Department of Labor.
Even under New York’s at-will employment policy, employers cannot fire someone for discriminatory reasons—such as belonging to a protected class like race, gender, national origin, or marital status—or in retaliation for lawful actions like reporting workplace misconduct or refusing to engage in illegal activities.
Employment Contracts and Implied Promises
If you have an employment contract or implied job security, you may have added protection. Written contracts with specific job terms or verbal promises about job security could protect against being fired without just cause. Company policies on discipline might also create an “implied contract” that limits arbitrary firings.
New York State and federal laws help support wrongful termination claims, such as:
- Title VII of the Civil Rights Act prohibits discrimination and harassment based on race, color, religion, national origin, and sex.
- The Family and Medical Leave Act (FMLA) protects employees who take medical leave for health or family reasons. Employers cannot retaliate or terminate employees for using their FMLA rights.
Retaliation or termination due to these protected actions could be grounds for wrongful termination legal action.
How We Can Help If You Have Been Wrongfully Terminated
Our team of experienced New York wrongful termination lawyers has in-depth knowledge of employment law and wrongful termination cases. We understand the emotional and financial toll of wrongful termination and are committed to helping you navigate the legal process to seek justice.
Our services include:
- Case Evaluation. We’ll assess your case and help you determine whether you have grounds for a wrongful termination claim.
- Seeking Damages. If your termination was unlawful, we’ll pursue recovered damages, including back pay, reinstatement, and potentially punitive damages from your former employer.
You don’t need to go through this difficult process alone. Our legal team is here to guide you every step of the way with the information and legal advice you need.
Why Bring a Wrongful Termination Case?
Filing a wrongful termination claim can provide financial relief and hold your employer accountable. Wrongful termination claims can cover a range of issues, including discrimination, retaliation, and breach of contract.
Here’s a closer look at how filing a timely wrongful termination can help you get the justice you deserve.
Types of Claims
Wrongful termination claims may cover:
- Discrimination: Federal and state laws prohibit termination based on protected characteristics, such as race, gender, sexual orientation, or national origin.
- Retaliation: Employees who report illegal practices or unethical behavior are protected from retaliation.
Possible Compensation
If successful, a wrongful termination case can result in:
- Lost Wages: Payment for wages lost from the time of wrongful termination until the case’s resolution.
- Reinstatement: In some cases, employees may be reinstated to their previous position.
- Emotional Damages: Compensatory damages for emotional distress and sometimes punitive damages to discourage similar misconduct by the employer.
Timing Is Critical
Timing is crucial in wrongful termination cases. Federal claims often require filing with the Equal Employment Opportunity Commission (EEOC) within 180 days of termination. State claims may have different deadlines, and our team can guide you through these requirements during your case evaluation.
With a deep understanding of employment law, our New York employment lawyers have successfully represented clients in wrongful termination cases involving discrimination, retaliation, and contract violations. We work tirelessly to help our clients get the justice and compensation they deserve.
Schedule your wrongful termination consultation today.
Examples of Wrongful Termination
Employment Discrimination
Discrimination is a leading cause of wrongful termination claims in New York City.
Federal and state laws make it illegal to fire someone based on protected characteristics, such as race, gender, national origin, or sexual orientation. If you were terminated because of any of these factors, you might have grounds for a wrongful termination lawsuit.
Retaliation
Employees are legally protected from retaliation for certain actions. Types of wrongful termination claims include:
- Reporting Illegal Activities: You cannot be terminated for reporting workplace safety issues or other illegal workplace activities.
- Workers’ Compensation: It’s illegal for employers to fire an employee for filing a workers’ compensation claim after a workplace injury.
- Whistleblowing: Employees who report illegal practices are protected from retaliation. If an employer fires an employee for whistleblowing, the employee may have a valid wrongful termination claim.
FMLA Retaliation
The Family Medical Leave Act allows employees to take leave for personal or family health issues. If an employer fires an employee for exercising their FMLA rights, it may be grounds for a wrongful termination case. Our New York law firm is experienced in handling claims that violated the FMLA guidelines and protecting employees’ rights to medical leave.
When Should You Contact Our New York Wrongful Termination Lawyers?
If you think you were wrongfully terminated, it’s best to speak with an attorney right away. Acting quickly protects your rights, allows us to gather important evidence, and helps you meet filing deadlines. Our Ottinger Employment Lawyers in NYC is here to guide you through each step of a wrongful termination case, from initial investigation to potential litigation.
How Can You Bring a Wrongful Termination Case?
What to Expect During a Consultation with New York Wrongful Termination Lawyers
There are several steps to filing a wrongful termination case. During our initial consultation, we’ll review your employment contract, termination circumstances, and any relevant communication. Based on this information, we’ll help determine if you have grounds for a claim and discuss the next steps.
Our goal is to make the process as smooth as possible, build the attorney-client relationship through transparency and trust, and ensure that you fully understand your legal rights and options.
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Useful New York Employment Law Articles and Resources
- NY Hostile Work Environment: A Guide for Employees
- New York Wrongful Termination Lawyers
- New York Severance Lawyers
- Bonus Disputes: A Guide for New York Financial Executives
- New York Commission Disputes
- New York Disability Discrimination Attorneys
- New York FMLA Lawyers
- Non-Compete Attorneys in New York
- New York Overtime Lawyers
- New York Pregnancy Discrimination Guide
- New York Separation Agreements
- New York Sexual Harassment Law
Where You Can Find Our New York Office
We are conveniently located in New York City and proudly serve clients throughout New York State and New Jersey. Visit our office, contact us by phone, or schedule an appointment online to discuss your wrongful termination case with our experienced team of employment attorneys today.