1. Can I Sue for Wrongful Termination in New York?
  2. How to File a Wrongful Termination Claim in New York

How to File a Wrongful Termination Claim in New York

If you have been wrongfully terminated while working in New York, you may want to file a wrongful termination complaint against your employer. This is because New York has laws that protect employees who have been wrongfully terminated.

What is a Wrongful Termination Claim?

A wrongful termination claim is a civil lawsuit so if you file a  wrongful termination lawsuit, you as the plaintiff are asking the court to order your previous employer (the defendant) to pay you money in the form of compensation for the losses you have had to experience due to the termination. This type of compensation is called damages.

What are Examples of Wrongful Termination?

There are several situations when an employer may wrongfully terminate an employer. These are:

  • the employee is a member of a protected class based on certain characteristics such as age, gender, ethnicity, color, religion;
  • the employee has played the role as a whistleblower reporting illegal activities that have taken place in the workplace;
  • the employee has legally taken time off work under the Family and Medical Leave Act (FMLA).
  • retaliation for refusal of sexual advances.

How to File a Wrongful Termination Claim in New York

To file a wrongful termination claim, you will first need to gather evidence to demonstrate that your firing was for an illegal reason. This can include your termination letter, any discriminatory memos, emails or notes, performance reviews, contracts, witness statements, logs of discrimination, photos or videos, and more.

You can then file a complaint with the EEOC or the New York Division of Human Rights. These organizations will investigate your claim. If they determine that you were wrongfully terminated, they may file their own lawsuit or give you a right to sue letter. This letter will allow you to file a civil lawsuit against your employer for wrongfully firing you.

Next Steps to Take

If you believe you have been wrongfully terminated by your employer, you should consider filing a claim with the Equal Employment Opportunities Commission (EEOC) or with the New York Division of Human Rights. You will need to provide all the evidence that proves you have been wrongfully terminated. 

You may also want to seek the help from an employment law attorney who can work on your behalf to prove your case of wrongful termination and help you get the compensation you deserve. Fill out the Free Case Evaluation above to get connected with an independent, participating attorney who subscribes to the website.

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