If you are wrongfully terminated in New York, then you can file a wrongful termination claim. Employees in New York are protected by both state and Federal laws. If your employer fired you illegally you have the right to file a complaint against that employer with the Equal Employment Opportunity Commission and the New York Department of Labor.
How To Handle A Wrongful Dismissal In New York
If you live in New York and you were wrongfully terminated it’s normal to be upset. No one wants to lose their job, and to lose it for an illegal reason can make you feel powerless. But you need to stay calm. There are steps that you can take to make sure that your employer is held accountable. Approach this as a problem to be solved. You’re not powerless.
You need to determine why you were fired. If you were asked to sign paperwork at your termination make sure you have copies of that paperwork. If you weren’t given papers to sign make sure that you ask your employer in writing why you were fired. All communication with your employer should be in emails or texts so that you have evidence of what they said.
You will need to have evidence showing that your employer fired you for an illegal reason. That evidence should include a written summary of any discrimination or harassment you experienced while you were employed at that place of business. You should also include copies of emails, chats, or other documents that can show you were fired for an illegal reason.
How To File a Claim Against An Employer In New York
To file a claim for wrongful termination against an employer in New York you must first show that you were fired for an illegal reason. New York is an at-will employment state but it is illegal for an employer to fire you for:
Your race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability.
- Filing a complaint against that employer.
- Whistleblowing
- Filing for workers compensation or disability benefits.
- Using employee benefits.
- Taking FMLA leave.
And more.
In New York you will need to file a complaint with the New York Department of Labor if you were wrongfully terminated. When you file your complaint you will need to include evidence that shows you were fired for an illegal reason. Evidence that you should submit with your claim includes things like:
- Emails
- Voicemails
- Texts
- Direct messages
- Videos
And any evidence that shows you were wrongfully terminated for a reason that is protected by Federal or state law. Talking with an employment attorney can be a great way to make sure that you are including the right evidence with your claim.
Get Help With Your Wrongful Termination Claim
When filing a claim for wrongful termination in New York evidence is the most important part of the claim. To find out more about filing a successful claim and get personalized advice based on your unique situation, fill out the Fee Case Evaluation form now to get connected with an independent New York employment lawyer who subscribes to the website.
