Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Refine your search by selecting a city.
Browse our 2 legal questions about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Wrongful termination occurs when an employee is fired in violation of the law. In New York, most employment relationships are “at-will,” meaning an employer can terminate an employee at any time for any reason, or no reason at all-unless that reason is illegal. Wrongful termination typically applies when a firing breaches a specific law, a written contract, or public policy. Recognizing whether your termination is wrongful under New York law is an essential first step in pursuing your rights.
While many job terminations are legal under at-will employment, several situations can violate state or federal law. Here are some common scenarios that may require legal assistance:
In these situations, a lawyer can help determine if you have a valid wrongful termination claim and guide you through the legal process.
New York follows the at-will employment doctrine, but several important exceptions and protections apply:
Understanding these laws and their applicability to your situation is critical for determining your options after being dismissed from your job in New York.
“At-will” means your employer can terminate you at any time for any lawful reason, or for no reason at all, unless your firing violates a specific law or contract.
A termination is “wrongful” if it’s based on discrimination, retaliation, breach of contract, violation of a specific statute, or against public policy (such as firing for jury duty attendance).
No, both federal and state law protect employees from retaliation for reporting discrimination or harassment in the workplace.
If you qualify for leave under the Family and Medical Leave Act (FMLA) or New York Paid Family Leave, termination during or because of that leave can be wrongful.
Yes, the federal Age Discrimination in Employment Act and New York State Human Rights Law protect employees over age 40 from age-based discrimination, including wrongful termination.
Promises made in handbooks, offer letters, or verbal assurances are sometimes enforceable but are usually hard to prove. Consult a lawyer to evaluate possible implied contract claims.
Often, yes. Discrimination claims usually require filing with the EEOC or the New York State Division of Human Rights before pursuing a lawsuit in court.
Deadlines vary. For example, discrimination claims with the EEOC generally must be filed within 300 days of the alleged incident. Other claims, like breach of contract or whistleblower retaliation, have their own time limits. Seeking timely legal advice is critical.
Potential damages include lost wages, reinstatement, emotional distress, attorney fees, and in some cases, punitive damages. The amount depends on the specific claim and circumstances.
Yes, in most cases, undocumented workers are still protected by the state’s discrimination, wage, and safety laws. However, available remedies may be impacted.
Here are some reputable resources and organizations offering helpful information about wrongful termination in New York:
If you believe you were wrongfully terminated, consider the following steps:
Navigating wrongful termination laws can be complex. Consulting with an experienced lawyer is often the best way to ensure your rights are protected and to maximize your chances of a favorable outcome.
