New York City Wrongful Termination Lawyer 

Understanding Wrongful Termination in New York

Wrongful termination in New York is a complex area of law due to the state's “at-will” employment policy. This means that employers may terminate employees for any reason, or no reason at all, barring illegal motives such as discrimination or retaliation. Understanding the nuances of New York-specific statutes is critical in identifying cases of wrongful termination, making it beneficial to seek legal advice tailored to these local laws.

New York City has additional protections under the New York City Human Rights Law, which prohibits discrimination on a wide array of protected classes. This local law supplements state and federal protections, offering broader coverage. For instance, while federal law may specify discrimination protections, the city law expands these categories to include gender identity and expression, thus reflecting NYC's commitment to promoting equitable workplace practices.

Can You Be Fired for No Reason In NYC?

The labor laws regarding termination in New York do not make it a “right to work” state, meaning that you can be fired for no reason. The term “wrongful termination” is misleading because in New York and most other states, without a written agreement for a specific term, employment is “at will.” The NY law allows your employer to fire you on a whim or for a totally arbitrary reason. This makes New York an at-will employment state.

This means that employers can fire or terminate you for any reason, or for no reason at all, unless:

• (1) Your rights are protected under employment discrimination laws. Employers cannot discriminate against you on the basis of age, sex or gender, race, national origin, disability or perceived disability, pregnancy status, marital status, or sexual orientation.
• (2) You have an employment contract, either written or implied, with the employer, who agreed that you cannot be fired without just cause for a specific period of time. The terms of the contract will usually determine the reasons for which you can be fired.

Understanding these exceptions is crucial because they define the legal boundaries of employment termination in New York. Employers must navigate these rules carefully to avoid legal repercussions, and employees should be informed about their rights to ensure they are not dismissed unlawfully.

What Are Examples of Wrongful Termination In NYC?

• Employment Discrimination - New York State and federal laws prohibit discrimination based on an employee's protected class, such as race, religion, gender, disability, etc. That includes termination of employment based on these factors. If you experienced a pattern of discriminatory behavior up until or even after you were fired, you may have a case for wrongful termination.
• Retaliation - Employer retaliation can take many forms, but wrongful termination is one of the most severe. An employer might fire you for filing a workers' compensation claim after an injury. Your boss might want to dismiss you after you rebuffed his sexual advances. Or you might be terminated for becoming a whistleblower.
• Pregnancy - A pregnant employee's position at their company is protected while on FMLA leave; however, that does not stop some employers from trying to skirt around federal regulations. If you were fired after reporting your pregnancy or soon after you returned to work, you might have a case for wrongful termination.

Navigating the New York Court System

Filing a wrongful termination claim in New York involves navigating both state and city court systems that have unique procedures and requirements. Legal proceedings can vary significantly between state and federal levels, and timing is critical. Wrongful termination claims often begin with filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York Division of Human Rights (NYDHR), depending on the nature of the claim.

With New York’s dense legal framework and busy courts, comprehensive legal representation is vital. A well-prepared case ensures that all relevant details are presented clearly, from documentation to witness testimonies. Schwartz Perry & Heller LLP provides effective advocacy tailored to the demands of New York's legal environment, ensuring that your case receives the attention it requires from the very beginning. We aim to simplify the process for you, focusing on strategic clarity and timely interventions.

Do I Have a Case for Wrongful Termination?

Wrongful termination means firing someone because of their race, religion, gender, disability status, or membership in another protected category, or firing someone as a form of retaliation. If you believe to have been fired from your job for any of those reasons contact Schwartz Perry & Heller LLP.

Determining if you have a case involves carefully reviewing the circumstances of your termination, collecting relevant documentation, and possibly consulting with a qualified wrongful termination lawyer. This evaluation is vital, as it can mean the difference between pursuing a claim successfully or missing out on potential remedies available to you under New York law.

What Damages Can You Recover from a Wrongful Termination Case?

In a wrongful termination case, individuals who believe they have been unjustly dismissed from their employment may seek to recover various damages as a result of the adverse actions taken against them. While the specific damages awarded can vary depending on the circumstances of each case and the applicable laws, there are several common types of damages that may be sought in such legal proceedings:

• Back Pay and Front Pay: Back pay refers to the wages and benefits the terminated employee would have earned from the date of termination until the resolution of the case. This includes any salary, bonuses, and other compensation they would have received.
• Front pay is similar but covers the future earnings and benefits that the employee may have expected had they continued working for the employer.
• Reinstatement: In some cases, a court may order the reinstatement of the wrongfully terminated employee to their former position. Reinstatement aims to place the employee back in the same or a similar position they held before the termination.
• Compensatory Damages: These damages are intended to compensate the employee for any losses suffered as a direct result of the wrongful termination. This may include damages for emotional distress, mental anguish, and other non-economic harm caused by the termination.
• Punitive Damages: Punitive damages are awarded to punish the employer for particularly egregious or malicious conduct leading to the termination. These damages are not intended to compensate the employee but rather to deter similar behavior in the future.
• Legal Fees and Costs: Successful plaintiffs in wrongful termination cases may be entitled to recover reasonable attorney fees and legal costs incurred during the litigation process. This provision is designed to alleviate the financial burden on the wrongfully terminated employee seeking justice.
• Benefits: Wrongfully terminated employees may seek compensation for lost or diminished benefits such as health insurance, retirement contributions, stock options, and other perks that would have been available had the employment relationship continued.
• Training or Rehabilitation Costs: If the termination hinders the employee's ability to secure comparable employment, the court may award damages for retraining or rehabilitation expenses to enhance the individual's employability.

Understanding these potential recoverable damages is essential for anyone pursuing a wrongful termination case. It provides you with clear financial goals and a comprehensive perspective on what legal outcomes you might work towards, ensuring you pursue a solution that aligns with your personal and professional recovery objectives.

Contact our New York City wrongful termination lawyer by calling (646) 490-0221 today!

Frequently Asked Questions

How Long Does It Take to Resolve a Wrongful Termination Case in New York?

The duration of a wrongful termination case in New York can vary widely depending on several factors such as the complexity of the case, the court's schedule, and the willingness of both parties to negotiate. Typically, such cases can take months to several years from filing to resolution. An initial consultation and case assessment by Schwartz Perry & Heller LLP can offer better insights into the expected timelines specific to your situation.

What Should I Bring to My Initial Consultation with a Wrongful Termination Lawyer?

When meeting with Schwartz Perry & Heller LLP, bring any employment contracts, employee handbooks, termination letters, previous performance reviews, and correspondence with your employer. These documents help in evaluating your case’s viability and formulating an effective legal strategy tailored to your circumstances.

Can I Pursue a Wrongful Termination Case If I Quit My Job?

In certain situations where an employee resigns due to intolerable working conditions, termed as “constructive discharge,” it may qualify as wrongful termination. This is applicable if the work environment was made hostile or discriminatory enough that a reasonable person would resign. Consulting with Schwartz Perry & Heller LLP can help ascertain if your resignation equates to a legally actionable wrongful termination claim.