If you have been fired in New York, you may be able to take legal action with the help of a wrongful termination attorney if you were fired illegally. In most cases, employers can fire any of their waged employees whenever they want. This is what is called at-will employment. In some cases when an employee is fired, the employer does so illegally, usually because of discrimination against the employee or because the employee had acted as a whistleblower or refused to carry out an illegal activity at work. An attorney can help decide on the best course of action.
What is Wrongful Termination?
Wrongful termination is when an employee has been fired illegally, i.e., the employer has breached either state or federal employment laws that prohibit certain reasons for termination of employment. New York state legislation and federal legislation are very similar, so employers should be quite aware that they have been breaking the law if they fire you for any of the following reasons:
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discrimination against you because of your age, gender, pregnancy, disability, race, religious affiliation, ethnicity, and sexual orientation;
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because you applied for workers’ compensation or family or medical leave;
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because you refused to carry out something you believed was illegal or disclosed an illegal activity to authorities (whistleblowing).
Wrongful termination legislation is covered by several laws that together provide employees with some degree of protection while at work and an opportunity to take legal action if fired illegally. For example, the federal Title VII of the Human Rights Act and the state’s own New York State Human Rights Law prohibit acts of discrimination at work, including firing an employee solely because they belong to one or more ‘protected classes’.
Why Should I Speak to a New York Wrongful Termination Lawyer?
There is an established procedure you should follow if you believe that you were wrongfully terminated. You may want to speak to a wrongful termination lawyer sooner rather than later as you will get legal advice about your circumstances and how you should approach filing a complaint with either the state or federal agency that will investigate potential breaches of wrongful termination.
Your chances of winning a wrongful termination lawsuit against your employer depend on you having proof that you were illegally fired. The more relevant evidence you can supply that showed you were illegally fired the better. Your New York wrongful termination attorney will help you with evidence, but if you can keep or obtain any suitable evidence while you were still employed, then this will help. For example, keep records or copies of any communication you have had with your employer or a supervisor that shows you were discriminated against for any of the reasons listed above.
New York State has a statute of limitations that limits how long you have to file a lawsuit for wrongful termination, so the sooner you prepare your case the better. You may be able to claim compensation for being fired illegally as well as lawyer’s and court costs. Most wrongful termination lawyers will defer legal fees until a settlement has been negotiated or a court case has been won on your behalf.
Get Help With Your Claim
Most times in New York, an employer can fire an employee for any reason they like, but there are still some reasons that are illegal. A wrongful termination lawyer can help assess your case and negotiate a settlement or represent you in court if you proceed with a lawsuit.
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Additional Resources
- How Are Employment Lawyers Paid?
- Where Do I Report Wrongful Termination in New York?
- Breaking News! New York Has a New AI Bias Law. Here's everything you need to know.
- How to Know If You Were Illegally Fired
- Forced Resignation In New York
- 5 Tips For Filing a Wrongful Termination Claim in New York
- Wrongful Termination Statute of Limitations
- What Does At Will Employment Consist Of?
- What Is The Illegal Firing Of An Employee Called?
- Can I Be Fired for Whistleblowing?
- Age Discrimination
- Gender Discrimination
- Pregnancy Discrimination (i.e., Maternal Discrimination)
- Disability Discrimination
- Racial or Religious Discrimination
- Sexual Orientation Discrimination
- Do I Need A Wrongful Termination Lawyer?
- How To Find A Wrongful Termination Lawyer Near Me
- What Are Grounds For Termination In New York?
