New York Wrongful Termination Attorneys

Wrongful termination occurs when an employer fires an employee for an illegal reason. New York is an at-will employment state, meaning employers and employees can terminate the employment relationship for nearly any reason. However, employers cannot fire an employee for an illegal reason, such as retaliation or discrimination. For example, an employer cannot fire an employee trying to assert their rights under local, state, or federal employment laws. An employer cannot fire an employee for violating a valid employment contract.

Common Examples of Wrongful Termination in New York

At HKM Employment Attorneys, we have successfully represented clients in a wide range of wrongful termination lawsuits. Under federal and state anti-discrimination laws, employers cannot fire an employee to discriminate against the employee due to their membership in a protected class. Protected classes include the following:

  • Race
  • Ethnicity
  • Sex
  • Age
  • Physical or mental disability
  • Veteran status
  • Citizenship
  • Pregnancy
  • Gender and Gender Identity
  • Religion
  • Participation in legal recreational, or political activities outside of work
  • Membership in a union

Employers cannot fire an employee for the employee making a complaint to the employer or the commissioner of labor regarding violations of New York Labor Law or engagement in protected activities such as whistleblowing. If you were fired for discriminatory reasons, you might have a valid wrongful termination lawsuit against your employer.

What Constitutes Retaliation in Wrongful Termination Lawsuits?

Retaliation laws protect employees who make an internal or external complaint about harassment or discrimination. Retaliation laws also protect employees who complain about wage theft, complain about being denied their medical leave, or act as whistleblowers. Making a complaint about violations of your rights as a worker is considered a protected activity under New York law.

Employers Cannot Fire an Employee in Unlawful Retaliation

When employees try to exercise their legal rights, the employer may terminate their employment in retaliation. For example, if an employee tries to advocate for their rights or makes a claim about the employee’s improper or unlawful conduct, the employer cannot retaliate. New York employees are free to participate in political activities and legal recreation on their own time outside of work. An employer can’t fire them for engaging in those activities. Additionally, when an employee files a complaint under a New York labor law violation to a co-worker, employer, attorney general, or department of labor, the employer cannot retaliate by firing them.

Whistleblower Protections

Employers cannot terminate the employment of an attorney in response to whistleblowing activity. Under New York Labor Law Section 740, employees are protected as whistleblowers if they have discovered corporate wrongdoing or violations in the law that cause significant and specific danger to public health and safety and report illegal activity. However, only certain employees are protected by whistleblower loss. If you are considering acting as a whistleblower, discussing your case with an attorney is wise. If you have already been retaliated against for acting as a whistleblower, you will benefit from having an experienced attorney on your side.

Family Medical Leave Act

Additionally, employees trying to exercise their right to take protected Family Leave under the Family Medical Leave Act or New York’s paid Leave Act cannot be retaliated against. For example, if an employee takes leave after giving birth, the employer cannot fire the employee when the employee returns to work in retaliation for taking time off. employees are entitled to job protection and cannot be unlawfully terminated for exercising or requesting their rights.

Termination in Violation of an Employment Contract

Many employees do not sign an employment contract when they begin working for an employer, but some do. If you signed a legally valid employment contract, your employer is obligated to uphold their responsibilities and duties as stated in the contract. For example, many employment contracts state that an employee cannot be fired without cause. If your employer fired you without giving a valid cause, you may be able to bring a lawsuit against your employer for wrongful termination.

Your employment contract may have included a severance provision requiring your employer to give you compensation and employment benefits for a specific amount of time if you are fired or leave your position. If your employer fails to uphold its end of the bargain, you can pursue a claim against your employer. Before you sign an employment contract, it is always wise to have an attorney look over the agreement and help you understand whether it is fair and whether there are any red flags. An attorney can help you negotiate a better contract that protects your rights.

How to File a Wrongful Termination Lawsuit in New York

If you have been fired from your job for engaging in protected activities, an unlawful termination attorney can help you determine whether you have a case. Being fired for an unfair or unjust reason does not always rise to the level of being considered wrongful termination. Speaking to a wrongful termination attorney can help you determine whether you have a case and how you should go about pursuing damages.

You may have the right to file a claim under federal law, state law, or both. If the incident occurred in New York City, you might also be protected by the New York City Human Rights Law. Successful plaintiffs in wrongful termination lawsuits may be entitled to back pay, front pay, compensatory damages, and reinstatement to their position. Taking the time to pursue a wrongful termination settlement can help you have the financial security you need while you look for a new job. It can also help you hold your employer accountable.

Discuss Your Case with a Skilled Wrongful Termination Attorney

If you feel that your employer has violated your rights by wrongful termination, you may have a right to pursue a legal claim against your employer. You could be entitled to compensatory damages, reinstatement, back pay, and other financial compensation. Reaching out to an attorney as soon as possible can help you protect your rights and ensure you meet all the deadlines for filing a complaint against your employer. Contact HKM Employment Attorneys to schedule a case evaluation and learn more about your rights.

NEW PALTZ EMPLOYMENT LAW ATTORNEYS