Thursday, December 2, 2021

What Constitutes Wrongful Termination In New York

Experienced Employment Lawyers In Nyc

NY Labor Lawyer – Wrongful Termination

Just because you are terminated by your employer does not mean that everything is said and done. Although New York and NYC is employment at-will, an employee does have certain rights. If the employee was terminated on the basis of race, sex, gender, sexual orientation, ethnicity, religion, or disability, then that employee may have a claim against their employer for wrongful termination. Furthermore, if that employee was a union member or had an employee handbook / manual, that document could be legally interpreted as a written contract between the employee and employer, and the employer may then be in violation for breach of contract.

A qualified employment law attorney from the Law Office of Yuriy Moshes can provide you a free consultation about your rights and how strong a case you may have. Their law offices help wrongfully terminated employees in the New York City area including all its boroughs as well as Northern New Jersey, Long Island, and Upstate New York.

Termination Against Public Policy

The law prohibits termination for exercising a legal right or participating in a legal obligation. For example, New York employees generally have the right to engage in lawful recreational or political activities on their personal time without the fear of termination. Furthermore, an employer may not terminate someone for participating in jury duty or voting, as long as the employer had proper notice of the absence due to the obligation. An employer also may not terminate someone for refusing to engage in unlawful, unethical, or otherwise wrongful practices on behalf of the employer.

Getting Fired Due To Ones Age

The Age Discrimination in Employment Act does not permit firing workers who are at least 40 years old because of their age. Treating workers less favorably in any material way because of their age may be disparate treatment, which is discrimination. In addition, disparate impact of policies may be age discrimination for example, when a specific, facially neutral employment practice caused a significantly disproportionate adverse impact based on age, or a facially neutral policy disproportionately impacted a subgroup of employees over age 40.

You May Like: Is New York Life Insurance A Good Company

How Wrongful Termination Works

If an employee is fired for one of the following reasons, they may be able to claim wrongful termination:

  • Breach of contract
  • Public policy is violated
  • Whistleblowing

There are no specific laws that provide protection for employees who have been wrongfully terminated from their job.

Wrongful termination may be covered by federal or state laws that prohibit employment discrimination, by contract law if your employer breached an employment agreement, or if the company violated its own policy by terminating the employee.

In addition, if an employee feels he or she was forced to leave a job because the employer made the job unbearable, he or she can file a wrongful termination suit against the former employer for constructive discharge. Constructive discharge is when a work environment is so intolerable that a reasonable person would not be able to continue working there.

However, in most states , employees are presumed to be employed at will, which means that an employee can be fired without notice and without a reason. There are a few exceptions, such as if an employee is covered by an employment contract or collective bargaining agreement or the law has been violated. In such cases, an employer doesn’t need a reason to fire you. They just have to make sure they follow the law in doing so.

Q: What If I Believe My Wrongful Termination Was In Retaliation

New York Wrongful Termination Law

As mentioned above, it is unlawful to terminate an employee for engaging in legally protected activities. Retaliation can occur after an employee has:

  • Reported or filed a discrimination or harassment complaint
  • Participated in a discrimination or harassment investigation
  • Reached out to a higher authority to report unsafe or unhealthy working conditions
  • Testified in a lawsuit against an employer

It is illegal to fire an employee due to any of these aforementioned factors. If you believe that you were wrongfully terminated in retaliation, you have options at your disposal.

The law protects employees who were terminated wrongfully due to retaliation. In fact, retaliation is the most frequently cited form of discrimination by the EEOC. That being said, the EEOC fields retaliation complaints, but you must file a claim within 300 days of the retaliation. The National Labor Relations Board and the New York State Division of Human Rights also investigate instances of retaliation and discrimination. The New York State Division of Human Rights has a longer time period to file a claim, 1 year. If you believe you have been wrongfully terminated on the basis of retaliation, these organizations are excellent outlets to begin the fight for justice.

You May Like: How Much Does Artificial Insemination Cost In New York

Race Discrimination Wrongful Termination

State and federal laws are crystal clear that it is unacceptable for any employee to be treated unfairly because of his or her race or the color of their skin.

Racial discrimination in the workplace might include segregating employees of a particular race in certain jobs, making decisions about hiring, firing or promoting employees based on race, racial stereotyping or making distinctions based on skin color.

When such discriminatory practices create a hostile work environment or if you are terminated due to racial discrimination or for complaining about it, you may have a valid claim for wrongful termination.

Can You File A Wrongful Termination Lawsuit In An At

There is no such thing as a wrong termination cause of action in New York. Wrongful termination is not a legal claim. If you were fired for a discriminatory reason, you can sue for discrimination. If you were fired for a retaliatory reason, you have the right to bring an action for an unlawful retaliatory termination. Also, if you were fired in violation of the terms and conditions of your employment agreement, you can sue for breach of contract.

Read Also: What Airlines Fly To Cabo San Lucas From New York

Remedies When The Customer Terminates The Agreement

If the customer wrongfully terminates, the first thing available will be the cost work already completed. And keep in mind retainage represents amounts that are actually owed for work already performed, so thats on the table too. Lost profits may also be available, depending on the circumstances particularly when the project reached substantial completion prior to termination.

Construction businesses may also consider suing for unjust enrichment or quantum meirut if the customer or owner received any benefit from their services and refuses to pay.

Learn If You Have Been Fired Illegally And Are Protected Under New York Or Federal Employment Law

Brooklyn Wrongful Termination Attorney

Updated By Aaron Hotfelder, J.D., University of Missouri School of Law

Have you recently lost your job? If so, you might be wondering whether you have grounds for a wrongful termination lawsuit. In New York, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.

But there are some exceptions to the at-will rule. For example, if your New York employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, you may have a legal claim against your employer for wrongful termination.

Read Also: Where To Watch Kourtney And Kim Take New York

How Can There Be Wrongful Termination If My Employment Is At

In New York and New Jersey, as in most states, your employer is permitted to fire you at will, meaning she or he need not demonstrate just cause or any other reason for your dismissal, nor give you a warning notice of your impending discharge. Nonetheless, important exceptions exist to the at will clause, that gives rise to the concept of wrongful termination.

For one, your employer cannot violate a contract with you. For another, you cannot be fired because of your age, disability, gender, national origin, pregnancy, marital status, military service, ace, religion, sexual orientation, or other characteristics protected by law, as well as in retaliation for trying to enforce those protected rights. It may also be illegal for your employer to fire you in order to prevent you from collecting bonuses or benefits you are due to receive. If you believe you have been wrongfully terminated, you should consult with our attorneys as soon as possible so that they can evaluate the particulars of your situation to assess whether you have a viable case and, if so, to take appropriate actions promptly.

Wrongful Termination Cases Are Highly Fact

Keeping with our example, if your boss did not fire or reprimand others who were late but you were fired the first time you were late, that would be a factor in your favor. If your boss openly discussed how he wished he could fire you because of your pregnancy, this would also be supportive of your claim. If, however, these circumstances did not exist and your boss routinely fired people for all sorts of relatively trivial matters, then your case may not be strong.

You May Like: Where To Get Weed In New York

Wrongful Termination In New York

New York law allows a number of exceptions to the states at-will employment doctrine. Terminating workers under these exceptions could afford employees the right to take legal action. Through claims such as this, employees may be able to obtain compensation such as back and front pay, reimbursement of attorney fees, punitive damages and reasonable accommodations. Additionally, the worker may be reinstated to his or her former position.

Breach of Contract: Any time employers and employees enter into contracts, violating the terms can lead to a lawsuit. In some cases, such contracts will stipulate that workers are not at-will employees, offering job security. They may also spell out the circumstances by which they may lose their jobs. Through these employment contracts, companies forfeit their rights to fire employees for any reason and at any time. Whether they are written or oral, it is essential that employers adhere to the stipulations of any employment contracts.

Retaliation: The state and federal laws that govern discriminatory practices also prohibit companies from retaliating against employees for asserting their legal rights or taking part in discrimination hearings. This includes terminating their employment, transferring them, cutting their wages, demoting them, or passing them up for promotions or special projects. The activities protected by these laws include testifying in legal proceedings and otherwise assisting to end discriminatory practices.

Sexual Harassment And Hostile Work Environment Wrongful Termination

Wrongful Termination and Retaliation Attorney

Sexual harassment is illegal under Title VII of the Civil Rights Act of 1964. You may be able to receive back pay, get reinstated to your job, and may even be able to obtain punitive damages and compensation for attorneys’ fees.

In some companies, sexual harassment is so rampant and ingrained in the culture that it leads to a hostile work environment where employees struggle to be productive and effectively carry out their job duties. In some cases, employees are forced to quit because they are unable to tolerate the harassment any more.

Sexual harassment should never be tolerated. If you have been sexually harassed at work and believe that you were fired because of it, as retaliation for complaining about it or quit your job because you just couldn’t take it anymore, you may be able to file a wrongful termination lawsuit seeking compensation not just for monetary damages, but also for the emotional pain and suffering such experiences have caused you.

Also Check: How To Get Workers Compensation Insurance In New York

Do I Have A Case For Wrongful Termination

Remember, because New York is an at-will state, your employer can fire you or let you go for virtually any reasonexcept in violation of your rights. Only in highly specific situations does firing constitute wrongful termination.

In order to determine if you may have a case for wrongful termination, ask yourself the following:

  • Were you fired due to discriminatory reasons?
  • Were you fired because of your race, sex, religion, or any other protected class?
  • Were you let go after becoming pregnant or requesting paid leave under the Family and Medical Leave Act ?
  • Were you fired after an on-the-job injury or after filing a workers compensation claim?
  • Were you let go after reporting discrimination or harassment, including sexual harassment?
  • Were you let go after reporting unlawful employer conduct?
  • Do you believe you were fired for any discriminatory, retaliatory, or other unlawful reason?

If you believe one of these or a similar situation applies to your situation, you could have grounds for a wrongful termination lawsuit. We encourage you to reach out to our New York wrongful termination lawyers to discuss the specifics of your situation during an initial consultation and case evaluation. Depending on the factors involved in your case, you could have anywhere from 180 days to 3 years to file a wrongful termination lawsuit in New York, but the sooner you reach out to our team, the better.

What To Look For A New York City Wrongful Termination Lawyer

There of course are many things that you should be on the lookout for during the hiring process of a wrongful termination attorney, and this is because your specific wrongful termination case will always be unique and require an employment law expert. When your employment is in jeopardy or you have been subjected to a wrongful termination, your wrongful termination lawyer will advise you on relevant employment law and explain the best options.

Some of the common traits of the best New York City wrongful termination attorneys include the following:

  • Experience
  • Organization throughout the entire law firm
  • A high level of integrity
  • Ability to quickly adapt to changing facts/goals
  • Strong commitment to preparation

You May Like: How Much Is The Cheapest Apartment In New York

New York Employee Termination Checklist

Most terminated employees leave in a hurry. If an employee is leaving, they need to make sure all of their ducks are in row first and review their employee termination checklist or New York employee termination checklist.

  • Discharge Notices. Check to see if you have any kind of written contract with your employer. If you do and it states that your employer has agreed to employ you through a certain date, make sure that you are not being terminated prior to that date. Accordingly, it is important to review any termination of employment letter or termination letter and the actual termination date to see if it in violation of any written agreement you already have with your employer.
  • Final Paycheck. Oftentimes, an employer will terminate their employee and refuse to pay them their regular pay for various reasons. This may be because the employee may have destroyed some equipment, or cause the employer, in their mind, to lose money, or it may just be because the employer thinks that the employee will be so intimidated or scared that they wont confront the employer for their last paycheck. So, before you walk out, you need to talk with human resources or your boss and find out when to expect your final pay. If the employer refuses to do so, you should consult with an employment law attorney who is familiar with final paycheck laws and who is not afraid to get the employers to pay penalties for not paying.
  • Be reasonably limited temporally and geographically.
  • Can I Sue For Wrongful Termination

    Wrongful Termination

    Employees who have been let go from a job often want to know if they have a case for wrongful termination. Many states, including New York, are at-will employment states. This means employers can legally fire employees for reasons that seem unfair but are not illegal. However, there are exceptions to the at-will employment rule that could make a firing illegal. These exceptions include:

    Read Also: What Taxes Does An Llc Pay In New York

    Contact A Tennessee Wrongful Termination Lawyer

    At one of Morgan & Morgans Tennessee offices, a wrongful termination attorney can evaluate your situation and help you determine whether youve been wrongfully dismissed. If so, we can pursue legal action against your employer.

    Our attorneys have filed more labor and employment cases than any other law firm in the country, and are uniquely positioned to guide your case to a successful resolution.

    To learn more, fill out our free, no-risk case evaluation. We work on a contingency fee basis, so it costs nothing to get started, and we get paid only if you win. Contact us today.

    What Is The Compensation For Wrongful Termination

    In an unlawful termination lawsuit, employees can ask for lost wages, lost benefits, and emotional distress.

    Many companies choose to settle unlawful termination cases out of court.

    Wrongful termination settlement amounts cover a wide range contact a wrongful termination lawyer to discuss the specifics of your case.

    Recommended Reading: How To Move To New York Without A Job

    New York Wrongful Termination Lawyers Obtain Monetary Damages For Employees

    While it may clearly be unfair that your employer fired you, unfair is not the same as unlawful. Determining whether or not your termination may have been unlawful is best left to the expert wrongful termination lawyers at Leeds Brown.

    Our attorneys understand the nuances of wrongful termination cases and have a proven track record of helping employees like you obtain damages from employers who violate the law. You may be entitled to recover money for back pay, lost benefits, and emotional distress you may have experienced due to the unlawful actions of your employer.

    Contact New York wrongful termination attorneys at Leeds Brown today for a free case evaluation. We are available to take your call all day, every day. Call 1-800-585-4658 and protect your rights.

    Request For Or Exercise Of Protected Rights

    NY Wrongful Termination Laws

    An employer may not terminate an employee for requesting for or exercising certain protected rights, including in the following situations:

    Family Medical Leave Act

    If an employees request to take leave falls under the Family Medical Leave Act, they are entitled to job-protection and cannot be unlawfully terminated for exercising or requesting this right.

    Workers Compensation

    An employee is protected from their employer terminating them or filing an adverse action against them in retaliation for filing a workers compensation claim, for filing a disability benefits claim or for testifying before the Workers Compensation Board.

    Refusal to Submit to Sexual Advances

    An employee may not be terminated for: refusing to submit to sexual advances reporting a sexual harassment incident internally or with any anti-discrimination agency testifying or assisting in a proceeding involving sexual harassment opposing sexual harassment verbally or through an informal complaint to management or a supervisor complaining that another employee has been sexually harassed or encouraging a fellow employee to report harassment.

    Recommended Reading: When Is Rolling Loud New York

    Latest news
    Related news