Best Wrongful Termination Lawyers in New York

About Wrongful Termination Law in New York, United States

Wrongful termination refers to the unlawful dismissal of an employee from their job. In New York, United States, there are specific laws in place to protect employees from wrongful termination. These laws ensure that employers cannot dismiss employees based on certain protected characteristics, such as race, gender, age, disability, or religion. Wrongful termination claims in New York can be complex, so it is important to understand your rights and legal options if you believe you have been wrongfully terminated.

Why You May Need a Lawyer

While it is possible to file a wrongful termination claim on your own, having a lawyer can greatly increase your chances of success. They can provide guidance, assess the strength of your case, collect evidence, negotiate with your employer, and represent you in court if necessary. Here are some common situations where people may require legal help in wrongful termination:

• If you were fired in violation of an employment contract
• If you were terminated due to discrimination or retaliation
• If your employer violated state or federal laws in the termination process
• If you were let go as a result of whistleblowing or reporting illegal activities
• If you were wrongfully terminated while on medical leave or due to a disability

Local Laws Overview

New York has several laws that are relevant to wrongful termination cases. Some key aspects include:

• New York State Human Rights Law, which prohibits employment discrimination based on protected characteristics
• New York City Human Rights Law, which provides additional protections for employees within the city
• New York Labor Law, which protects employees from retaliation for reporting labor law violations
• New York State Paid Family Leave Act, which protects employees who take leave for family or medical reasons

Frequently Asked Questions

1. Can I be terminated without any reason in New York?

Yes, New York follows the "at-will" employment doctrine, meaning employers can generally terminate employees at any time and for any reason as long as it is not illegal, such as termination based on discrimination or retaliation.

2. How long do I have to file a wrongful termination claim in New York?

In general, you have three years from the date of termination to file a discrimination claim with the New York State Division of Human Rights. However, it is best to consult with an attorney to understand the specific time limits that apply to your case.

3. What damages can I recover in a wrongful termination case?

If successful in a wrongful termination case, you may be entitled to various damages including lost wages, reinstatement, emotional distress damages, attorney fees, and punitive damages in certain situations.

4. How can I prove wrongful termination?

To prove wrongful termination, you will typically need to show that there was an implied or explicit contract of employment, that your termination violated that contract or the law, and that you suffered damages as a result.

5. Can I be fired for whistleblowing?

No, New York State and federal laws protect employees from retaliation for reporting illegal activities or whistleblowing. If you were terminated for whistleblowing, you may have a valid wrongful termination claim.

Additional Resources

If you need legal advice or further information on wrongful termination in New York, consider reaching out to the following resources:

• New York State Bar Association (NYSBA)
• New York State Division of Human Rights
• New York City Commission on Human Rights
• Legal Aid Society

Next Steps

If you believe you have been wrongfully terminated and need legal assistance, here are some recommended next steps:

1. Gather any evidence related to your termination, such as emails, performance reviews, or witness statements.
2. Consult with an experienced employment lawyer specializing in wrongful termination to evaluate the strength of your case.
3. If appropriate, file a complaint with the New York State Division of Human Rights or the Equal Employment Opportunity Commission (EEOC).
4. Follow your lawyer's guidance throughout the process, which may include negotiating a settlement or proceeding with a lawsuit if necessary.
5. Keep thorough records of all interactions and communications regarding your case.