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Mansell Law NYC

NYC Executive Wrongful Termination Lawyer

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Executives are often told that their termination was a “business decision” or a “change in direction.” Sometimes that is true. Sometimes it is a cover for discrimination, retaliation or punishment for raising concerns about fraud or misconduct. Mansell Law represents executives and senior professionals in New York City and nationally whose terminations may violate the law, and we use those claims both to pursue full compensation and to strengthen severance negotiations.

At-Will Employment Has Limits

Most New York employees, including many executives, are employed at will, meaning they can be terminated for any lawful reason or no reason. An employer may not, however, fire an executive for an unlawful reason, and an executive with an employment agreement may have contractual protections that limit termination for “cause” or require notice and severance. Both the law and your contract should be reviewed before you accept the company’s explanation.

Laws That Protect Executives From Unlawful Termination

  • Discrimination. The New York City Human Rights Law, the New York State Human Rights Law, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act and the Americans with Disabilities Act prohibit terminating an employee because of protected characteristics such as age, sex, race, national origin, religion, disability, pregnancy, sexual orientation and gender identity. The New York City Human Rights Law is among the most protective employment laws in the country and is construed liberally in favor of employees.
  • Retaliation. It is unlawful to fire an executive for complaining about discrimination or harassment, supporting a colleague’s complaint, or participating in an investigation.
  • Whistleblower protection. New York Labor Law § 740 protects employees who disclose or object to activities they reasonably believe violate a law, rule or regulation or pose a substantial danger to public health or safety. Executives at public companies may also be protected under the Sarbanes-Oxley Act, 18 U.S.C. § 1514A, and the Dodd-Frank Act’s whistleblower provisions. See Whistleblower Retaliation.
  • Leave and accommodation. Terminating an executive for taking protected medical or family leave, or for requesting a disability accommodation, can violate federal, state and city law. See FMLA and Reasonable Accommodations.
  • Breach of contract. A termination that ignores the cause definition, notice requirement or severance terms in an employment agreement may give rise to a breach of contract claim.

Warning Signs in Executive Terminations

  • You were terminated shortly after raising concerns about financial reporting, compliance, harassment or discrimination.
  • Your role was “eliminated” and then filled by someone younger or outside your protected group.
  • Strong performance reviews turned negative after a complaint, a leave of absence or a disclosure of a medical condition.
  • You were labeled “not a culture fit” or described in coded terms tied to age, gender or background.
  • The company characterized your departure as “for cause” to avoid paying severance or vesting equity.

Act Quickly: Deadlines Apply

Employment claims carry strict deadlines. For example, a charge of discrimination with the U.S. Equal Employment Opportunity Commission generally must be filed within 300 days in New York, and state and city law claims have their own limitation periods. A separation agreement may also ask you to release these claims within days or weeks. Speak with counsel before deadlines pass or before you sign a release.

How We Help

  • Evaluate whether your termination may be unlawful and what your claims may be worth.
  • Use that evaluation to negotiate a stronger executive severance package.
  • Pursue claims in court, in arbitration or before government agencies when negotiation does not produce a fair result.
  • Protect your equity, deferred compensation and reputation throughout the process.

Learn more about our representation of executives, our NYC wrongful termination practice, discrimination and retaliation claims.

Frequently Asked Questions

Do discrimination laws protect high-level executives?

Yes. Federal, New York State and New York City anti-discrimination laws protect employees at every level, including officers and senior executives. Coverage can depend on the employer’s size and the executive’s status, so the specific facts should be reviewed.

Can I still negotiate severance if I think I have a claim?

Yes. A potential claim often increases what a company is willing to pay in exchange for a release. Signing a release without evaluating your claims can leave significant value behind.

My agreement has an arbitration clause. Can I still bring a claim?

Usually, yes, but in arbitration rather than court. For sexual harassment and sexual assault disputes, federal law allows the employee to choose court instead of a pre-dispute arbitration agreement.

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Talk to an Executive Employment Lawyer Before You Sign

If you have been terminated, offered a separation agreement, or believe your firing or treatment at work violated the law, contact Mansell Law for a confidential consultation. Call (646) 921-8900 or contact us online.

This page provides general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.