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Wrongful termination in New York City occurs when an employee is terminated for a reason that violates the laws intended to protect employees. Most employment in New York City is at-will, meaning an employer can fire and employee at any time for any reason, as long as the reason is legal. Wrongful termination comes into play when employees are fired for an unlawful reason. For the past 25 years, the attorneys at Derek Smith Law Group have helped employees that have been wrongfully terminated in New York City get the compensation they deserve.
Wrongful termination is not a cut and dry type of situation. While it is never fun and never feels “fair” to be fired from a job, New York City has at-will employment. This means that unless you are a contract employee, your employer can fire you for almost any reason, at any time. The reality is, he does not even need a reason to fire you. In the same vein, unless you are under contract, you can quit anytime and for any reason.
However, like any law, there are exceptions to the rule. An employer cannot fire you if it is against the terms of your contract, you are pregnant, in retaliation for you reporting issues to HR, refusing sexual advances, or being a whistleblower, or because of your race, gender, color, national origin, sexual orientation, military status, disability, religion, age, citizenship status, or gender identification (also known as a protected class). When these types of reasons are behind your termination, then you may have a case for wrongful termination.
The claim of wrongful termination needs to meet certain criteria to be proven.
Wrongful termination is a very specific claim that encompasses several employment laws, such as Title VII of the Civil Rights Act, the New York Whistleblower Act, breach of contract, and other employee rights laws. Here are some examples of wrongful termination claims:
The statute of limitations for wrongful termination in New York City depends on the reason for the lawsuit. If the claim is a breach of contract claim, there are 2 time limits to file a lawsuit. First, if your employment contract specifies a time frame allowed to file a breach of contract lawsuit, the courts will honor that time frame. However, if no such time limit is specified, you have 6 years from the date of the breach (in this case a wrongful termination) to file your lawsuit against the employer.
If the wrongful termination is the result of employment discrimination, the time limit to bring a lawsuit against your employer is 300 days from the date of termination under the laws of the Equal Employment Opportunity Commission (the governing body of Title VII) and New York City’s Human Rights Law.
If you experienced retaliation because of being a whistleblower, the law allows you 1 year to file a claim for wrongful termination in New York City.
Sexual harassment claims of wrongful termination have a time limit of 3 years to file a claim in New York City.
When you are wrongfully terminated, you are entitled to justice and compensation. The courts will review your case and may provide the following relief:
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
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A wrongful termination lawsuit can last anywhere from 4 to 6 months to a year or more. One of the main reasons these cases may take less time is because it settles out of court. If an employer is willing to negotiate a fair settlement, the case may be over within 4 to 6 months.
However, if the employer wished to take the trial to court, trial preparation alone can take up to a year. This includes gathering evidence, witness interviews, depositions, and more. Then, the trial itself may take another few days to a few weeks to try the case in court and reach a verdict and issue a judgment.
If you feel you have been wrongfully terminated, it is important to be proactive. Here are a few things you should do immediately upon being wrongfully terminated:
Although New York City is at-will for employment, an employer cannot just fire an employee because of his membership in a protected class or against the terms of his contract.
If you have been the victim of wrongful termination, the experienced attorneys at the Derek Smith Law Group can help.
Contact us today at (212) 587-0760 for a free consultation. We do not collect any money until you win your case.
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