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Browse our 1 legal question about Wrongful Termination in United States and the lawyer answers, or ask your own questions for free.
Thank you and best regards, Kingsley Izimah, Esq. SK Solicitors
Read full answerWrongful termination in New York City occurs when an employer ends an employee’s job for illegal reasons or in breach of an employment contract. In New York, employment is generally at-will, meaning an employer can terminate for non-discriminatory reasons, but cannot terminate for protected reasons. The city and state provide specific protections against discrimination, retaliation, and wrongful discharge through several legal frameworks.
In practice, most wrongful termination claims in NYC involve discrimination based on protected characteristics, retaliation for exercising protected rights, or breaches of contract or agreement terms. Employers must comply with both state level protections and city level protections where applicable. For reliable guidance, consult an attorney who understands both state and New York City rules.
“Discrimination in employment based on protected characteristics is illegal under federal and state law.”
U.S. Equal Employment Opportunity Commission (EEOC)
Key protections come from state law, city law, and federal law working together. The New York State Human Rights Law and the New York City Human Rights Law offer broader remedies in some cases than federal protections alone. For city-specific concerns, the NYC Commission on Human Rights enforces local protections and can accept complaints directly in NYC.
For practical planning, understand that wrongful termination claims can arise from discriminatory firing, whistleblower retaliation, and breaches of contract or implied promises. It is important to gather evidence early and seek counsel to assess which legal pathways fit your situation. Official guidance is available from state and city agencies cited below.
Scenario 1: You were terminated after requesting accommodation for a disability or a pregnancy-related need. A lawyer can evaluate whether the firing violated NYSHRL and NYCHRL protections and whether a claim for damages, reinstatement, or back pay is appropriate.
Scenario 2: You were fired soon after reporting safety violations or employer misconduct. Whistleblower protections under New York law may apply, and an attorney can determine if retaliation claims are viable and how to pursue them with state agencies.
Scenario 3: You faced termination based on age, gender, race, religion, or another protected characteristic. An attorney can help you prove discrimination under NYSHRL, NYCHRL, and federal law, and advise on remedies including compensation and restoration of rights.
Scenario 4: You were terminated after taking protected leave (for example, FMLA or disability leave). A lawyer can assess whether retaliation or improper termination occurred in violation of federal or state leave rights.
Scenario 5: Your employer offered a severance agreement that attempts to waive your rights in a way that could hide unlawful termination. An attorney can review the agreement and negotiate fair terms or advise you on filing a claim first.
Scenario 6: You suspect implied contract or workplace policy creates a promise of continued employment. A solicitor can analyze evidence such as performance reviews, emails, and employee handbooks to determine if an implied contract exists and how to pursue remedies.
New York State Human Rights Law (Executive Law Article 15) prohibits discrimination and harassment in employment based on protected characteristics and provides remedies including reinstatement, back pay, and damages. It is enforced by the New York State Division of Human Rights. See official information at dhr.ny.gov.
New York Labor Law § 740 - Whistleblower Protection protects employees who report violations of law or public policy from retaliatory actions by their employer. The law covers a range of disclosures, including health and safety concerns and fraud or illegality. Official details are available at labor.ny.gov.
New York City Human Rights Law (Administrative Code Title 8) prohibits discrimination and retaliation in employment within New York City and is enforced by the NYC Commission on Human Rights. This city law often provides broader protections in practice than state law. Visit nyc.gov/cchr for guidance and complaint processes.
Recent changes and evolving interpretations influence how these laws are applied in NYC. For the most accurate, up-to-date guidance, consult the official agency pages listed above and speak with a qualified solicitor or attorney who handles wrongful termination matters in New York City.
Wrongful termination is firing for illegal reasons such as discrimination, retaliation, or breach of contract. It can involve state or city law protections in addition to federal rules.
At-will means employers can terminate for any non-prohibited reason. Wrongful termination occurs when the reason violates anti-discrimination laws, public policy, or contract terms.
You may file after discriminatory or retaliatory termination. Statutes of limitations apply and vary by agency and claim type; consult an attorney for deadlines.
You can file with the NYC Commission on Human Rights for NYCHRL claims or the New York State Division of Human Rights for NYSHRL claims; federal claims go to the EEOC.
A lawyer can evaluate your case, identify applicable laws, gather evidence, negotiate settlements, and guide you through agency complaints or court proceedings.
Filing requirements depend on the alleged discrimination or retaliation and the governing statute. An attorney can determine the correct route and deadlines.
Time limits vary by claim type and agency, but common windows are 1 year for NYCHRL complaints and 1 year for NYSHRL complaints, with federal timelines via the EEOC.
Possible outcomes include back pay, front pay, reinstatement, and attorney's fees, plus possible compensatory or punitive damages depending on the claim.
NYSHRL is state-level protection; NYCHRL is city-specific and often broader in scope and remedies in NYC. Both prohibit discrimination and retaliation.
Severance agreements can resolve disputes, but they may waive rights you should not lose. Always have a lawyer review before signing anything.
Strong evidence helps, including termination letters, emails, performance reviews, and witness statements. An attorney can help organize and analyze it.
Many cases begin with settlement negotiations or mediation. A lawyer can advise when mediation is appropriate and how to prepare.
Collect key documents within 7 days: termination letter, last paycheck, benefits information, performance reviews, and any correspondence about your termination.
Identify potential legal theories by listing protected characteristics involved, any retaliation signals, and any contract or handbook promises.
Schedule a consultation with a NYC wrongful termination attorney within 2 weeks to discuss your facts and eligibility.
Prepare for the consultation by organizing a timeline of events and copies of relevant evidence; bring your questions about costs and expectations.
Do not sign severance or release documents before consulting a solicitor; ask for a copy to review with counsel.
Decide where to file initial complaints if appropriate (NYSDHR, NYC CHR, or EEOC) and note deadlines; your attorney can help coordinate filings.
Engage a lawyer to discuss potential remedies, timelines, and whether to pursue settlement, mediation, or litigation in NYC courts.
