New York City Wrongful Termination Lawyer
Making Sure Employees Don’t Get Fired in Violation of New York Labor and Employment Laws
For the most part, the employment relationship in New York occurs on an “at-will” basis. When employment is at-will, this means that an employer can fire a worker at any time without giving notice or giving a reason. The employer doesn’t need to have a good reason, or any reason at all, to fire an at-will employee. Similarly, an at-will employee can quit at any time, without giving notice and without giving a reason.
Not all workers are at-will employees, however, and even if they are, the power of the employer to fire them is not unlimited. The experienced NYC wrongful termination lawyers at Mansell Law can counsel you on whether you were wrongfully terminated, and if you were, we’ll hold your employer accountable for their actions and make sure you are fairly compensated for the damage done.
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 (ADA), 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 employer’s 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 employer’s illegal acts.
Contract Violations – Workers who have an employment contract are no longer at-will employees. Instead, their employment relationship is governed by the terms of the contract. Employment contracts might include a duration clause, or they might require notice, cause or just cause for termination. More detailed contracts might even list what causes are grounds for termination. Even without an express written contract, promises or statements in an employee handbook, policy manual or other documents can create an expectation regarding continued employment. A wrongful termination in violation of an employment contract could give rise to breach of contract damages or a civil tort claim in some cases. New York public employees generally are protected by a statute that lists lawful grounds for termination and the procedures that must be followed. Similarly, employees covered by a collective bargaining agreement will most likely be taken out of an at-will employment relationship.
Fight Your Wrongful Termination With the Help of Our Experienced New York Employment Lawyers
If you think that you have been wrongfully terminated from your job in New York City, call Mansell Law at 646-921-8900 for a no-cost consultation with a skilled and dedicated New York employment lawyer.