Wrongful Termination & Employment Retaliation Attorneys in New York City
Being terminated from your job can often be a devastating experience. You may believe you have been terminated wrongfully, but the termination is only wrongful if it is based on illegal reasons like discrimination or retaliation. For example, if you were terminated based on your race, religion, sex/gender, age, disability, or other protected characteristics, your termination may be considered unlawful. Similarly, if you have been fired in retaliation for engaging in protected activity, such as complaining about sexual harassment, your termination may also be considered unlawful.
Discrimination and Retaliation are the two most common causes of wrongful termination. Both are unlawful under Federal, State, and local employment laws, and you may have legal recourse against the employer.
At-Will Employment & Employment Discrimination
Most employees in New York state “At-Will” employees, unless they are employed under a contract. At-will employment status means your employer can terminate the business relationship with any employee at any time, for any reason, or for no reason at all. This status also allows the employee to quit at any time.
What Qualifies as Wrongful Termination?
Distinguishing between wrongful termination and termination based on “At-Will” employment status can be tricky. If any of the following examples apply to your situation, you may have a valid claim for wrongful termination against your employer:
- Did your supervisor or co-worker make any comments to indicate that he or she prefers one group of employees over another?
- Did your supervisor make unwelcome sexual advances toward you? When you declined these advances, were you terminated?
- Prior to being fired, did you oppose any employment practices to a supervisor or your human resources department?
- Were you terminated after putting your employer on notice of your pregnancy or after returning from maternity leave?
- Did your supervisor make derogatory comments about your physical and/or mental disability and eventually fire you?
- Did you complain about unpaid wages, including overtime, to your employer and were fired subsequently?
- Did the discriminatory or retaliatory condition of the workplace become so hostile that you felt compelled to quit?
- Were you fired as a result of reporting a violation of New York or Federal public policy (Whistleblowing)?
What Can I Recover in A Wrongful Termination Lawsuit?
In New York, there are several types of damages employees can recover in wrongful termination cases. These types include lost wages, lost benefits, emotional distress and suffering, punitive damages, and attorneys’ fees. Also, you may ask for your job back.
New York Statute of Limitation for Wrongful Termination
If you believe that you have been wrongfully terminated, you must act timely to protect your claims. In New York, the statute of limitation to file a lawsuit may range from as little as 180 days or as long as 3 years.
Get in Touch Today for A Free Consultation
Time is one of the key factors in a wrongful termination case. Valid cases can fail due to time running out. If you believe your employer is guilty of wrongful termination, you need the best employment lawyer in New York. We provide free consultations for all clients so contact us as soon as possible to learn about your available options. Call our New York City wrongful termination attorneys at (212) 587-0760 or fill out an online form to schedule a free consultation.