Best Wrongful Termination Lawyers in Brooklyn

About Wrongful Termination Law in Brooklyn, United States

Wrongful termination is a legal claim that an employee was fired in violation of a law, an employment contract, or fundamental public policy. In Brooklyn, which is part of New York City and New York State, wrongful termination claims arise under multiple layers of law - federal statutes, New York State law, and New York City local law. Most employees start with an at-will presumption - meaning either the employer or employee can end the employment at any time for any lawful reason. However, that presumption does not allow employers to fire workers for unlawful reasons such as discrimination, retaliation for protected activity, breach of an employment contract, or termination that violates public policy. Because Brooklyn is located in New York City, the New York City Human Rights Law provides some of the broadest protections in the country, often covering more situations and more protected characteristics than federal law.

Why You May Need a Lawyer

Wrongful termination cases can be legally complex and fact sensitive. You may need a lawyer if any of the following apply:

- You believe your firing was based on a protected characteristic such as race, sex, age, religion, national origin, disability, gender identity, sexual orientation, pregnancy, or other protected trait.

- You were terminated after complaining about harassment, discrimination, wage violations, safety hazards, or other unlawful conduct - a potential retaliation claim.

- You have an employment contract, written offer letter, severance agreement, or collective bargaining agreement that the employer may have violated.

- Your termination appears to violate public policy - for example you were fired for refusing to commit an illegal act or for reporting illegal activity to authorities.

- You were part of a mass layoff and believe your employer failed to provide required notice under WARN laws or state equivalents.

- You are seeking reinstatement, back pay, damages for emotional harm, punitive damages, or recovery of benefits and need help calculating, preserving, and proving those losses.

- You are considering or have received a severance package and need help negotiating terms such as release language, non-compete clauses, confidentiality, and tax consequences.

Local Laws Overview

Key local and regional legal protections to know if you live or work in Brooklyn include:

- At-will employment and its limits - At-will status is the default in New York, but it does not permit termination that violates laws, contractual commitments, or public policy.

- New York City Human Rights Law - Administered by the New York City Commission on Human Rights, this law is broader than federal law on many fronts. It protects against discrimination and harassment by employers and includes wide coverage of protected characteristics and workplace accommodations.

- New York State Human Rights Law - Enforced by the New York State Division of Human Rights, this statute prohibits employment discrimination and retaliation. It often overlaps with federal protections but has distinct procedures and remedies.

- Federal civil rights statutes - Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and other federal laws prohibit discrimination and retaliation and are enforced by the U.S. Equal Employment Opportunity Commission.

- New York Labor Law - Covers wage and hour matters, final paycheck timing, and certain protections for workers. Employers must comply with state rules on payment of wages and notification requirements.

- New York Paid Family Leave - Employees eligible for New York Paid Family Leave may be protected from retaliation for taking leave. Employers cannot lawfully terminate or punish employees for exercising these leave rights.

- Unemployment insurance - The New York State Department of Labor administers unemployment benefits. A termination for misconduct can affect eligibility; a lawyer can help present your case to the agency or appeal an adverse determination.

- Whistleblower and retaliation protections - Various statutes protect employees who report violations of law, unsafe working conditions, or participate in investigations. Both federal and state laws offer remedies for protected whistleblowing.

- WARN and notice laws - Federal WARN law and state-level notice requirements may apply to large-scale layoffs and plant closings. These laws require advance notice in certain circumstances and provide remedies if notice is not given.

Frequently Asked Questions

What is wrongful termination?

Wrongful termination occurs when an employer fires an employee for reasons that violate federal, state, or local law, or for reasons that breach a contract or public policy. Examples include firing due to discrimination, retaliation for protected activity, or breaching a written employment agreement.

Am I an at-will employee, and does that mean I can be fired for any reason?

Many employees in New York are at-will, which means the employer or employee can end the relationship at any time for lawful reasons. However, at-will status does not allow termination for unlawful reasons such as discrimination, retaliation, or breach of contract. If a contract, company policy, or promise limits at-will termination, you may have a legal claim.

What kinds of conduct qualify as discrimination?

Discrimination occurs when an employer treats an employee unfavorably because of a protected characteristic like race, color, national origin, religion, sex, pregnancy, age, disability, sexual orientation, or gender identity. Both direct acts and hostile work environments can be unlawful. New York City and New York State laws may protect additional characteristics and offer broader coverage than federal law.

What is retaliation and can I be fired for complaining about illegal activity?

No. Retaliation occurs when an employer takes adverse action against an employee for engaging in protected activity - for example, reporting discrimination, filing a wage complaint, refusing to perform an illegal act, or participating in an investigation. Retaliatory firing is unlawful under federal, state, and local laws.

How soon do I need to take action after a termination?

Timelines vary depending on the claim and the agency. For federal discrimination claims, you generally must file a charge with the EEOC within 180 days of the act, or 300 days in some jurisdictions that have state or local agencies. For New York State complaints, time limits can be shorter, often around one year for certain administrative filings. Because deadlines vary and can be strict, consult a lawyer promptly to preserve your rights.

What remedies are available if I win a wrongful termination claim?

Possible remedies include reinstatement, back pay, front pay, compensatory damages for emotional harm, punitive damages in certain cases, recovery of benefits, attorney fees, and injunctive relief to stop ongoing discrimination or retaliation. The available remedies depend on the statute under which you proceed and the facts of your case.

Do I have to go to court or can cases be settled?

Many wrongful termination claims are resolved through negotiation or alternative dispute resolution such as mediation. Employers and employees often settle to avoid the time and expense of litigation. A lawyer can help evaluate settlement offers and negotiate terms, including confidentiality, references, severance pay, and non-compete issues.

Can I get unemployment benefits if I was fired?

Possibly. Unemployment eligibility is determined by the New York State Department of Labor. Employees fired through no fault of their own are generally eligible. If the employer alleges misconduct, you may be denied benefits but can appeal. A lawyer or representative can help with the unemployment hearing process.

What should I do immediately after being fired?

Do the following right away: ask for a written termination notice or reason; preserve all documents and communications related to your employment and termination - such as emails, performance reviews, offer letters, employee handbooks, and paystubs; write a timeline of events; identify potential witnesses; avoid signing any document you do not understand, especially releases or severance agreements, without legal review; and contact an employment lawyer to discuss next steps and deadlines.

How much does an employment lawyer cost and how do lawyers get paid?

Fee arrangements vary. Many employment lawyers offer a free or low-cost initial consultation. Common fee structures include contingency fees - where the lawyer is paid a percentage of your recovery - hourly fees, or flat fees for discrete services. Some cases also permit recovery of attorney fees if successful under certain statutes. Ask any lawyer you consult about fees, costs, and who pays court and expert expenses before you sign a retainer.

Additional Resources

Helpful agencies and organizations for someone in Brooklyn pursuing a wrongful termination matter include:

- New York City Commission on Human Rights - enforces the New York City Human Rights Law and handles discrimination complaints within the city.

- New York State Division of Human Rights - enforces New York State anti-discrimination laws.

- U.S. Equal Employment Opportunity Commission - enforces federal anti-discrimination laws like Title VII and the ADA.

- New York State Department of Labor - administers unemployment insurance and certain workplace standards.

- New York State Attorney General - Civil Rights Bureau - handles civil rights enforcement in some contexts.

- Legal aid and pro bono services - organizations such as Legal Services NYC, New York Legal Assistance Group, and The Legal Aid Society may provide representation or referrals for low-income workers.

- Local bar associations - Brooklyn Bar Association and New York City Bar Association can help with lawyer referrals and resources.

- Worker advocacy groups - community and worker centers, unions, and advocacy organizations may offer guidance or support for specific industries and immigrant workers.

Next Steps

If you believe you were wrongfully terminated, take these practical next steps:

- Preserve evidence - collect emails, texts, performance evaluations, the termination notice, offer letters, pay records, employee handbooks, and any witnesses contact information. Make backups and note dates and times.

- Do not sign releases or severance agreements without review - many releases waive the right to sue. Have an attorney review any document before you sign.

- File for unemployment benefits - apply promptly with the New York State Department of Labor, and be prepared to respond to employer statements in any appeal proceeding.

- Contact an employment lawyer - seek counsel experienced in New York City and New York State wrongful termination matters. Prepare a clear timeline and copies of key documents for your initial consultation.

- Consider administrative filings - depending on the facts, you may need to file a charge with the EEOC, a complaint with the New York State Division of Human Rights, or a complaint with the New York City Commission on Human Rights. An attorney can advise which agency to use and help meet filing deadlines.

- Think about goals and remedies - decide whether you seek reinstatement, back pay, a negotiated severance, or other outcomes. Your lawyer can evaluate the strengths and weaknesses of your case and estimate likely timelines and outcomes.

- Keep records of financial harm and job searches - track lost wages, benefits, medical expenses, and efforts to mitigate damages by searching for new work. Documentation strengthens a damages claim.

Acting promptly and thoughtfully improves your ability to protect rights and pursue remedies. A local employment lawyer can provide tailored advice for Brooklyn and New York law, explain deadlines and procedures, and represent you in negotiations, administrative proceedings, or court if needed.