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New York City Wrongful Termination Lawyer
We often receive inquiries from hardworking, dedicated employees who have lost their jobs for reasons that they suspect are unlawful. In New York, most employment is at will, meaning employees can be terminated for any reason or none at all. Being terminated unfairly does not necessarily mean your employer broke the law.
Federal, state and local laws prohibit employers from terminating employees for certain specific reasons. Prohibited grounds for termination include:
- Discrimination on the basis of race, gender, age, military status, disability, religion, pregnancy, sexual orientation or age
- Retaliation for reporting illegal activity by your employer
- Retaliation for taking leave under the Family and Medical Leave Act
Legal Protections Against Wrongful Termination
Employees in New York benefit from robust legal protections against wrongful termination. Federal laws like Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA) shield workers from discriminatory or retaliatory actions. At the state level, the New York State Human Rights Law (NYSHRL) provides additional safeguards, prohibiting discrimination based on race, gender, disability, and other protected characteristics. Local laws, such as the New York City Human Rights Law, further expand these protections to include broader categories, like immigration status and sexual orientation.
Despite New York being an at-will employment state—allowing employers to terminate employees for nearly any reason—important exceptions apply. Employers cannot fire workers for reasons that breach contractual obligations or violate public policy. For example, termination in retaliation for reporting unsafe working conditions or whistleblowing against illegal activities may constitute wrongful termination. A New York wrongful termination attorney can help determine whether a termination was unlawful under these exceptions.
Understanding these protections is critical for employees facing potential termination. Consulting a New York wrongful termination attorney can clarify your rights and ensure you’re prepared to take the appropriate steps if your termination violated state or federal laws.
Steps to Take if You Believe You’ve Been Wrongfully Terminated
If you suspect your termination was unlawful, it’s essential to act quickly and strategically. Start by reviewing any documentation provided during your termination, such as severance agreements, termination letters, or employment contracts. Look for inconsistencies or clauses that might indicate your rights were violated.
Next, gather evidence to support your claim. Save relevant emails, text messages, performance reviews, or witness statements that suggest wrongful termination. This documentation can provide crucial context for your case. Lastly, consult with a New York wrongful termination attorney who can evaluate your situation, explain your legal options, and help you pursue justice if your rights were violated.
Compensation and Remedies for Wrongful Termination
Employees wrongfully terminated in New York may be entitled to various remedies. Depending on the circumstances, these can include:
- Reinstatement to your previous position.
- Back pay and benefits to cover lost wages and perks.
- Compensation for emotional distress, especially in cases involving discrimination or retaliation.
- Punitive damages, which aim to penalize employers for particularly egregious conduct.
Working with a New York wrongful termination attorney increases your chances of securing fair compensation. Whether negotiating a settlement or pursuing a legal claim, an attorney can ensure your voice is heard and your rights are upheld.
Get A Thorough Investigation Of Your Situation
Katz Melinger PLLC has wide-ranging experience in employment law matters. If you believe you experienced wrongful termination, we can thoroughly examine your situation. We know the right questions to ask and the right options to explore.
Our lawyers have the knowledge and skill to aggressively protect your rights. Many employees are not even aware that their employer has policies in place that do not comply with federal, state, and local laws. Our attorneys will work with you personally in determining whether you have a case. We are honest and upfront about your options and rights. With us, you will always know the merits and strengths of your case and how we can help you pursue fair compensation.
Know Your Rights After A Wrongful Discharge From Work
Through litigation or by filing a claim with the Equal Employment Opportunity Commission (EEOC), employees who have been fired for a reason prohibited by law may be able to obtain compensation, including:
- Back pay, which could include pay from the date of termination through trial
- Lost benefits related to the termination
- Out-of-pocket expenses, including job search expenses
- Pain and suffering, which compensates you for the mental, emotional, and other negative consequences of your illegal termination
In addition to pursuing recovery in litigation, we will represent you during prelitigation negotiation and any complaints you make to the EEOC.
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