Tuesday, September 27, 2022

What Is Wrongful Termination In New York

Your Case Entails Discrimination

Wrongful Termination in New York State

State and federal laws prohibit a company from firing any individual based on:

  • sexual orientation, and
  • nationality.

Discrimination and race issues are undoubtedly hot topic issues throughout New York, NY. Our wrongful termination attorneys will ensure that your rights are upheld within the parameters of New York labor law.

When Does Firing Constitute Wrongful Termination Or Wrongful Discharge

The main ways employers are guilty of wrongful termination in New York City are as follows:

Discrimination Laws like Title VII, the Americans with Disabilities Act , USERRA, and the New York Human Rights Laws protect workers from discrimination based on certain protected characteristics, such as age, race, religion, sex/gender, color, ethnicity, disability, military status, and much more. Unlawful employment discrimination occurs when an employer takes an adverse employment action against an employee because of their protected characteristic. Firing an employee is clearly illegal discrimination when it is taken for one of these improper motives. Employers will try to hide their discriminatory motives by offering some non-discriminatory reason for the discharge, so you need a skilled and experienced New York employment lawyer in your corner who can prove that the employers offered reason is merely a pretext used to hide their discrimination.

Retaliation Angry or disgruntled employers might fire a worker in retaliation for attempting to exercise lawful rights, such as complaining about workplace harassment or unpaid overtime, filing a workers compensation claim or requesting FMLA leave. Whistleblowers who report illegal activity in the workplace are also frequent targets for wrongful termination in retaliation for exposing fraud or waste or refusing to engage in or cover up an employers illegal acts.

How Can A New York Wrongful Termination Attorney Help Me

A wrongful termination attorney can help someone understand, navigate, and decide what to do during a wrongful termination claim. Due to the complexity and amount of wrongful termination types, an attorney can help someone decide what the best course of action is for them. In addition, a wrongful termination attorney can represent clients in court.

Recommended Reading: How To Vacation In New York

Want To Check Lawyer Discipline

  • It is always a good idea to research your lawyer prior to hiring. Every state has a disciplinary organization that monitors attorneys, their licenses, and consumer complaints. By researching lawyer discipline you can:

  • Ensure the attorney is currently licensed to practice in your state
  • Gain an understanding of his or her historical disciplinary record, if any.
  • Determine the seriousness of complaints/issues which could range from late bar fees to more serious issues requiring disciplinary action.

Employer Retaliation Is Wrongful Termination In New York City

Wrongful Termination Lawyers

It is legal for employers to fire at-will employees for no reason at all, but while arbitrariness is acceptable, discrimination and retaliation are not. Discrimination is when an employer fires an employee because of a protected characteristic of the employee. Examples of protected characteristics include race, gender, religion, age, military status, family status, and disability. Your employer might say that they fired you just because, while you may reasonably believe that the termination of your employment was because of your race, gender, or other protected characteristic. The New York City wrongful termination lawyers at HKM Employment Attorneys LLP can help you present a persuasive case about the discriminatory nature of your employers actions.

Whether the employee has been hired on an at-will basis or with a contract, it is illegal for an employer to fire the employee in retaliation for the employee engaging in a protected activity. These are some examples of protected activities:

  • Filing a workers compensation claim about a work injury or occupational disease
  • Requesting an unpaid FMLA leave or a paid family leave
  • Engaging in a whistleblower action
  • Reporting safety violations to the Occupational Safety and Health Administration
  • Filing a discrimination complaint

You May Like: Is There No Fault Divorce In New York

New York Wrongful Termination

If youve recently been let go by your employer, you might be wondering whether your dismissal is grounds for legal action.

In New York State, most firings are lawful. Thats because New York is an at-will employment state, meaning an employer can terminate an employee at any time, for almost any reason.

The key word is almost. If the reason for your firing was illegal, you can file a wrongful termination lawsuit against your former employer. Heres what you need to know.

What Is The Average Wrongful Termination Settlement In New York

If you believe that you were wrongfully terminated, its understandable that you would like to check approximately how much money you could get for your wrongful dismissal case.

In the event that you reach settlement, the total amount you acquire is primarily based on these factors: reason of termination, the costs of finding a new job, medical expenses, lost benefits, lost earnings and mental anguish. Punitive damages might also be awarded in rare situations, if the workplace behaved egregiously.

As you can see from the example claims in this article, providing an average settlement for unlawful termination claims in NY is actually really difficult since every case is different.

The average wrongful termination settlement in New York is between $6,000 and $80,000. Lawyers are certainly beneficial while negotiating a larger settlement.

The average jury awards are usually bigger, around $110,000 $400,000. This is one reason why employers choose to settle before going to court.

Don’t Miss: How To Pay Tolls In New York

Consult With An Attorney From Weltz Law Regarding Your Wrongful Termination Case We Represent Clients Nationwide

At Weltz Law, you can always depend on us to leverage our 25 years of experience to get you the result that you want. We understand employment disputes and over the years, have represented many Americans in negotiations and in courtrooms. We take every case that comes to us seriously and you can be sure that we will always protect your interests. When you come to us, we take our time to understand the unique circumstances of your case before offering sound legal advice to you. We also don’t charge you for the first consultation meeting, so you are free to make a decision regarding how to proceed with your case. We focus on the quickest way to get the result that you need, which typically is a negotiated settlement, but we will not hesitate to litigate if circumstances require it.

You can reach Weltz Law at or via theform online to schedule a meeting regarding your case.

Can My Employer Fire Me And Then Deny Me Unemployment Benefits

NY Labor Lawyer – Wrongful Termination

Suppose an employee is fired from their job. In that case, their unemployment benefits may be jeopardized. This is because unemployment benefits are only provided to those fired based upon no fault of their own or not for cause.

So yes, your former employer can inform the state that you were fired from your job for cause and subsequently have your unemployment benefits denied. In some circumstances, an employers efforts to prevent an employee from obtaining unemployment compensation may be deemed a retaliatory measure. In this case, they would be subject to a wrongful termination lawsuit and damages.

Don’t Miss: How Long Can I Collect Workers Compensation In New York

How To File A Wrongful Termination Lawsuit

Before filing a wrongful termination lawsuit, an employment lawyer can help determine whether you have a case. Wrongful termination NY laws only cover certain types of unlawful termination, and an employment lawyer can determine whether you have a case.

In a wrongful termination lawsuit, you can receive back pay, front pay, compensatory damages, and reinstatement at your job. Wrongful termination settlements can provide financial security while you look for a new job.

Reach out to Charles Joseph for a free consultation if you are the victim of wrongful termination.

Wrongful Termination FAQs

Can I Sue For Wrongful Termination In New York

Yes employees can file a lawsuit if their employer illegally fires them.

Unlawful termination can include firing someone because of their race, religion, gender, disability status, or membership in another protected category, or firing someone as a form of retaliation.

For example, if an employer fired an employee for testifying against the company in a discrimination case, that qualifies as illegal termination.

You May Like: Where To Buy Rolex In New York

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.

What Is The Average Payout For Wrongful Termination

New York Wrongful Termination Law

The average payout amounts within wrongful termination lawsuits will be the equivalent of all economic and non-economic damages resulting from the wrongful termination. The amount can range beyond hundreds of thousands and millions of dollars depending on the particular case. Other factors will ultimately determine the settlement or court award amount per case. These include the salary, bonuses, benefits, and the ability to find alternative employment.

Recommended Reading: When Do The New York Yankees Play

Other State Employment Claims

  • Workers’ compensation. Employers may not fire or otherwise retaliate against employees because they file workers’ compensation claims.
  • Workplace safety. Employers are prohibited from discriminating against employees who make complaints of workplace safety violations, testify in related legal proceedings, or exercise any legal rights under workplace safety laws.
  • Whistleblowing. Employers cannot fire an employee for reporting, or threatening to report, illegal activity at the workplace participating in a government investigation or testifying in a hearing or refusing to participate in illegal activity.
  • Off-duty conduct. Employers may not fire employees who use lawful products, or engage in legal activity, while off-duty and away from the workplace.

Fired For A Harassment Complaint

Sexual harassment is illegal both federally in the United States, state laws, and specifically in New York. Moreover, retaliation by the employer for such harassment against the employee is also prohibited. According to the New York State Human Rights Law, any individual who has engaged in protected activity is protected. Protected activity is when that individual:

  • filed a claim of sexual harassment, either internally or with any anti-discrimination agency.

Accordingly, it is illegal for an employee to be fired for a harassment complaint and you should seek a sexual harassment lawyer in NYC right away.

Read Also: Is New York Safety Council Legitimate

New Yorkwrongful Termination Attorneys

New York is an at-will employment state. Simply put, this means that generally companies can hire and fire workers as they see fit however, New York employers cannot hire and fire based on discriminatory or retaliatory reasons.

Under federal law and state law , employers can be held legally liable for wrongful termination, among many other adverse actions. If you believe that you were unlawfully terminated from your position, it is imperative that you consult with an experienced New York wrongful termination lawyer immediately.

Protected Classes In New York

NYC Employment Discrimination Attorney: Do I have a wrongful termination case against my employer?

Under federal law, it is illegal for an employer to fire an employee on the basis of his or her race, national origin, color, gender, pregnancy, age , disability, genetic information, citizenship status or religion, as these are considered protected classes. However, this law only applies to employers with at least 15 employees . In New York State, it is against the law for employers with at least four employees to discriminate based on:

  • Status as a victim of domestic violence
  • Gender identity
  • Observance of Sabbath

Furthermore, it is illegal for an employee in New York to be fired for lodging a legal complaint against his or her employer , for filing a workers compensation claim after being injured on the job, or for bringing the employers wrongdoing to light as a whistleblower. These actions are considered retaliatory, and are unlawful under New York law.

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

Is A Wrongful Termination Settlement Taxable

Yes, employees must pay taxes on parts of wrongful firing settlements. This includes compensatory damages, punitive damages, and lost wages.

Any settlement amounts for back pay, lost wages, and future pay may also be subject to tax withholdings and payroll taxes.

However, some parts of the settlement are not subject to tax. Consult an attorney for additional wrongful termination legal advice.

Is It Hard To Prove Wrongful Termination

In order to prove unlawful termination, employees must provide evidence that their employer fired them for illegal reasons, such as discrimination or retaliation.

Employees can strengthen their case by keeping records of conversations with supervisors and documenting actions that may trigger retaliation, such as testifying against their employer or filing an HR complaint.

Also Check: What Is New York State Health Insurance

How Can A Wrongful Termination Lawyer In Nyc Help You

If you feel that you or someone you care about was unfairly fired, our wrongful termination attorneys in NYC will thoroughly examine your case and let you know the best route available for you to take, together with your attorney.

Some of the top reasons to hire a wrongful termination lawyer in NYC include the following:

  • Paperwork: Your attorney will file and take care of the paperwork involved with your case and will ensure that everything is completed correctly
  • Evidence: Your attorney will gather important evidence that is required to support your case and help you win a favorable outcome
  • Legal Advise: Your attorney will provide you with valuable legal information to protect your rights and future
  • Legal Experience: Your attorney is a legal expert who knows the ins and outs of the legal system, and will be able to offer you the support that you need
  • Examination: Your attorney will thoroughly examine your case and provide you with the best legal strategy to take moving forward

Don’t let yourself doubt your current employment situation. Speak with one of our experienced attorneys today, and let us provide you with the legal support and guidance that you need during this challenging time.Contact our wrongful termination attorneys in NYC today to schedule a free consultation, and to learn more information about how a lawyer will be able to assist you. We havehelped many individuals struggling for clarity after being fired, and we are eager to fight for you.

What Is A Wrongful Termination In New York

What Constitutes Wrongful Termination In New York

New York is an at will employment state. That means employers can basically terminate employees for any reason, as long as it is not an illegal one. Generally, you must either have an employment contract or be fired on a discriminatory premise in order to have an actionable lawsuit for wrongful termination. Employment contracts have a good faith clause that must be met to support a company terminating an employee. Our New York Citywrongful termination attorneys put the pressure on your past employer to prove that the firing was in good faith. Firings basedon a discriminatory purpose are often more challenging to prove because uncovering evidence admissible in court is more difficult to uncover.

Recommended Reading: What Is The Sales Tax Rate In New York City

Breach Of An Employment Contract Or Employee Manual

Some employment relationships are not at-will, but instead are based on an agreement signed by both parties. This agreement generally sets out the length of the relationship and may state that neither party may terminate the relationship except for good cause. If your employer suddenly terminates your contract without such good cause, you have the right to hold it accountable for breach of contract and wrongful termination. Similarly, if you have a union contract, your employer may not terminate you in violation of that contract without your employer following the set grievance procedures.

In addition, some employers distribute employment manuals that may list specific conditions under which they may fire employees. A manual may state that certain disciplinary steps must take place before termination or may specify that termination may only occur for good cause. Violating the terms of such a manual may constitute wrongful termination.

How Long Do You Have To File A Wrongful Termination Lawsuit

The statute of limitations on an unlawful termination lawsuit ranges from 30 days up to 3 years. The time limit varies depending on the type of case and where you choose to file.

Once the statute of limitations expires, you can no longer receive any monetary compensation. Contact a wrongful termination lawyer as soon as possible for a free consultation to file your wrongful discharge lawsuit.

Read Also: How To Become A Wedding Officiant In New York State

What Is Unlawful Termination

Also known as wrongful termination or wrongful discharge, unlawful termination occurs when an employer lets an employee go due to an illegal reason, such as discrimination or retaliation.

Because New York is an at-will employment state like most others in the U.S., employers are allowed to terminate employees without the former necessarily having to provide a reason. This often makes it difficult to proveor even determinewhether your termination was wrongful. Yet, there are situations in which firing an employee is more clearly unlawful.

For example, wrongful termination is often the result of illegal discrimination due to:

  • Sexual orientation

Termination is also considered unlawful if it was made in response to an employees valid complaints about the companys refusal to comply with labor laws or safety regulations.

What Is The Process Of Filing A Wrongful Termination Case

Wrongful Termination

One of the many reasons unlawfully terminated employees will require the assistance of a New York City wrongful termination attorney is that the filing process for these claims is complicated. Youll need to keep the following in mind while initiating your claim:

  • Documenting Everything About Your Job/Termination

This includes:

  • and much more.
  • Hiring Experienced Wrongful Termination Lawyers

Employment law is complicated. So youll need an experienced law firm to analyze all the details about your case and provide you with a strategy towards your best course for legal action.

  • Filing Your Wrongful Termination Case

Properly filing your claim is a lot easier said than done. But employment law specialists will know how to handle this portion of the process for you. Discrimination lawsuits will need to be filed with the Equal Employment Opportunity Commission and other New York state agencies. But how you file your claim will ultimately depend upon what type of claim youre filing. This is why youll need an ample amount of legal expertise on your side.

  • Proving The Illegality Of Your Termination

This will entail a lengthy discovery process, an employment litigation process before a trial, or going to trial. No matter where this portion of the process goes, our NYC wrongful termination lawyers will have your best interests in mind and put you in the best direction towards full and fair compensation.

You May Like: Is The New Yorker A Scholarly Source

Popular Articles
Related news