Best Wrongful Termination Lawyers in Buffalo

About Wrongful Termination Law in Buffalo, United States

Wrongful termination means an employee was fired for an illegal reason. In Buffalo, as elsewhere in New York State, most private employment is at-will - that means an employer can generally end the relationship for almost any reason or no reason at all. However, at-will employment is not absolute. Termination is unlawful when it violates a federal, state, or local law; breaches an employment contract; or violates public policy. Common illegal bases for termination include discrimination, retaliation for protected activity, whistleblowing, exercising statutory rights such as paid family leave, or terminating in breach of the employer's contractual promises.

Why You May Need a Lawyer

An employment lawyer can help when facts, law, or procedure make a claim complex. Typical situations where you may need legal help include:

- You believe you were fired because of a protected characteristic such as race, sex, age, disability, religion, sexual orientation, or gender identity.

- You were terminated after reporting illegal activity, safety violations, wage and hour violations, or after participating in an investigation - situations that may involve whistleblower or anti-retaliation protections.

- Your employer claims you resigned or fired you citing poor performance but you think the stated reason is a pretext for discrimination or retaliation.

- You signed or were asked to sign a severance agreement or release and want to know whether it is fair or enforceable.

- You have an employment contract, collective bargaining agreement, or written promise that appears to protect job security and you suspect a breach.

- You need help gathering and preserving evidence, drafting a demand, filing administrative charges, or negotiating settlement terms such as back pay, reinstatement, or confidentiality provisions.

Local Laws Overview

Wrongful termination claims in Buffalo are governed by a mix of federal, state, and local law. Key aspects to keep in mind include:

- Federal protections: Federal statutes such as Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and whistleblower provisions protect employees from discrimination and certain types of retaliation.

- New York State law: New York State offers broad protections under the New York State Human Rights Law and other statutes. New York law often provides broader coverage and longer filing deadlines than federal law in certain areas like discrimination and harassment.

- Municipal and county rules: Local ordinances in Buffalo and Erie County may provide additional workplace protections or enforcement mechanisms. Local human rights or civil rights offices may accept complaints or provide guidance.

- Public-sector employees: If you work for the City of Buffalo or another government employer, different rules often apply. Civil service protections, collective bargaining procedures, and administrative appeal rights can limit how and why a public employee can be disciplined or discharged.

- Employment contracts and collective bargaining agreements: Written contracts and union agreements can override at-will status for covered employees, offering contractual remedies for wrongful discharge.

- Administrative remedies: Many employment claims must begin as administrative complaints with agencies such as the Equal Employment Opportunity Commission or the state human rights agency before a lawsuit can be filed. Timely filing and adherence to agency procedures are essential.

Frequently Asked Questions

What exactly is wrongful termination?

Wrongful termination occurs when an employee is fired for an illegal reason - for example, due to discrimination, retaliation, breach of contract, or for exercising certain statutory rights. "Wrongful" does not simply mean "unfair" in the everyday sense; it means the firing breaks a law or a legal obligation.

Is employment at-will in Buffalo?

Yes, most private employment in Buffalo is at-will under New York law, meaning either party can end the employment relationship at any time for any lawful reason. Exceptions include discharges that violate anti-discrimination laws, public-policy protections, written employment contracts, or collective bargaining agreements.

How long do I have to file a claim?

Deadlines vary by claim and forum. For many discrimination claims, the federal deadline to file with the Equal Employment Opportunity Commission is typically 180 days, but that can extend to 300 days when a state agency enforces anti-discrimination laws. State-level deadlines, administrative filing requirements, and statutory periods for contract or tort claims differ. Because time limits matter, start the process promptly and consult a lawyer or an agency for exact deadlines.

What damages can I recover?

Potential remedies include reinstatement, front and back pay, compensatory damages for emotional distress, punitive damages in certain cases, statutory penalties, recovery of attorneys fees, and equitable relief. The types and amounts of recoverable damages depend on the legal basis for the claim, the employer size, and applicable caps under federal or state law.

Can my employer fire me for taking medical leave or paid family leave?

In many cases, terminating an employee for taking protected leave can be illegal. Laws such as the federal Family and Medical Leave Act and New York State paid family leave protect eligible employees from retaliation and termination for taking covered leave. State and local rules can provide additional protections.

What should I do immediately after I am terminated?

Document everything - dates, conversations, emails, performance reviews, and witnesses. Request a written reason for termination in writing if one was not provided. Preserve electronic evidence and your personnel file. Avoid signing any agreement until you have reviewed it or discussed it with an attorney. Consider filing an administrative complaint if discrimination or retaliation is involved.

Can I get my job back?

Reinstatement is sometimes available as a remedy, particularly for discrimination or public-sector wrongful termination claims, but it is not guaranteed. Many cases resolve through monetary settlement rather than reinstatement. A lawyer can assess whether reinstatement is a viable goal and negotiate accordingly.

Does confidential severance offer or release protect my rights?

Severance agreements commonly include releases of claims in exchange for payment. You should not sign a release without understanding what rights you are giving up and whether the payment is fair. Certain releases may be invalid for some claims, such as claims for unemployment benefits or certain statutory rights. Consult an attorney before signing.

Can I pursue both state and federal claims?

Yes, many plaintiffs pursue parallel claims under state and federal law. Some claims must be filed first with administrative agencies. An attorney can advise which agencies to contact and the best sequence of actions to preserve all legal remedies.

How much will a wrongful termination lawyer cost?

Fee arrangements vary. Many employment lawyers handle wrongful termination cases on a contingency-fee basis - the lawyer is paid a percentage of any recovery. Others charge hourly rates or a hybrid fee. Discuss fees, costs, and what happens if you lose or settle early during an initial consultation.

Additional Resources

When seeking help or information in Buffalo, consider these resources:

- Federal agencies such as the Equal Employment Opportunity Commission for discrimination and retaliation complaints.

- New York State Division of Human Rights for state-level discrimination claims and guidance.

- New York State Department of Labor for wage-and-hour and unemployment matters.

- City of Buffalo or Erie County human rights or civil rights offices for local ordinance enforcement or complaint intake.

- Local legal aid organizations and clinics that may provide low-cost or free assistance to qualifying individuals.

- Erie County Bar Association and New York State Bar Association lawyer referral services to find experienced employment attorneys.

- Local union counsel if you are a union member and believe your collective bargaining agreement was violated.

Next Steps

Follow these practical steps if you think you have been wrongfully terminated:

- Preserve evidence: Save emails, texts, performance reviews, offer letters, termination notices, and any written communications. Make contemporaneous notes of conversations including dates, times, and attendees.

- Get your personnel file: Request a copy of your personnel file and any records relating to discipline or performance evaluations.

- Do not sign releases without review: If offered a severance agreement or release, do not sign until you understand the implications and have consulted counsel.

- File administrative charges quickly if discrimination or retaliation is involved: Administrative filing deadlines can restrict your ability to sue later, so consider contacting the EEOC or the state human rights agency promptly.

- Consult an employment lawyer: Even a brief consultation can clarify your legal rights, likely outcomes, deadlines, and costs. Ask about fee structures and whether the lawyer handles wrongful termination matters in Buffalo and Erie County.

- Consider alternative dispute resolution: Mediation or negotiation often resolves cases faster than litigation. A lawyer can negotiate for an appropriate settlement, including financial recovery and other terms you value.

- Protect your financial stability: Apply for unemployment insurance as soon as possible, and review benefits you may be entitled to while your claim proceeds.

If you are unsure where to start, contact a local employment attorney or one of the agencies listed above for an initial assessment and guidance on the next steps to protect your rights.