If you believe you were illegally fired in New York, you can file a wrongful termination claim. This is because under Title VII of the Civil Rights Act of 1964 workers are protected from being fired if the termination is based on discrimination, such as the color, ethnic identity, gender, religious affiliation, pregnancy status, age, sexual orientation of an employee. In addition, New York State and New York City also have laws protecting certain employees from wrongful termination.
What Is Considered Wrongful Termination In New York?
As well as the provisions protecting employees from wrongful termination based on discrimination under Title VII of the Civil Rights Act of 1964, New York State Human Rights Law also makes it unlawful for an employer to fire an employer because of the employee’s age, race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, disability, predisposing genetic characteristics, familial status, marital status, or status as a victim of domestic violence. Similarly, New York City Human Rights Law has a list of protected classes who can’t be fired based on membership of a protected class. The following are protected classes:
- status as a veteran or active military service member;
- sexual orientation;
- religion;
- race;
- pregnancy and lactation accommodations;
- national origin;
- marital status and partnership status;
- immigration or citizenship status;
- gender identity;
- disability;
- color;
- age.
A complaint must be filed within 12 months of the act of discrimination.
What Are Examples of Wrongful Termination in New York?
Some of the most common examples of wrongful termination in New York are when there has been discrimination based on the employee’s race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability. Whistle blowing is also a common reason for wrongful termination even though employees are protected from termination if they take part in whistle blowing.
What to Do If You Were Wrongfully Terminated In New York?
There are several steps you need to follow if you believe you have been wrongfully terminated from your job in New York. These are to gather the proof that your termination was for an illegal reason such as reports from coworkers who know the reason for your wrongful termination. Following this you should file a claim with the EEOC or New York State Division of Human Rights (DHR). It is also useful to speak with a lawyer who may be able to help you win your wrongful termination claim.
Get in Touch With a Wrongful Termination Attorney
It is never easy winning a wrongful termination claim based on the employee’s protected status. However, a wrongful termination attorney may be able to work on your behalf to gather evidence which proves you have been wrongfully terminated based on your protected status in New York.
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