NY Lawyers Represent Workers in Wrongful Termination Cases
Attorneys File Claims for Wrongful Termination in New York
How many times have you heard someone say “New York is an at-will state so your boss can fire you for any reason or no reason?” Have you ever wondered if this is an accurate statement? It is, and it isn’t. New York is an at-will state, but that does NOT mean your employer can fire you for any reason under any circumstances. There are plenty of situations where an employer terminates the relationship with an employee and violates a city, state or federal law. When this happens, the employee may have legal recourse such as the right to pursue monetary damages in court.
If your boss fired you, how do you know if you have a cause of action? Can you return to your job? Can you get back pay? The answers to these questions depend on the facts of each employment situation.
You can start the process of understanding your rights by contacting Leeds Brown Law, P.C., representing wrongfully terminated employees in New York and the surrounding metro area. We take pride in the work we do and the superior results we obtain for our clients. With our experience, dedication, and skill, our attorneys can help you navigate a path to reach the outcome you seek. Whether you wish to negotiate a settlement or take your case to trial, Leeds Brown is the employment law firm you want advocating for your rights.
New York is an At-Will Employment State
New York is an at-will employment state. The rule is that if you are an at-will employee, a private sector employer can terminate your employment as it wishes, even if it is unfair or unreasonable. Generally speaking, you have no legal recourse.
Wrongful Termination Violates Law
However, there are circumstances in which there are exceptions to this rule. An employer may not fire you in violation of law or contract. In some cases, a discharged employee is entitled to seek damages or reinstatement by making claims through legal counsel and/or administrative agency.
These circumstances may include:
- If you are a union member
- If you have a written employment contract
- If your employer has a written employee manual or handbook that addresses disciplinary procedures or conditions of termination and the discipline or termination is exercised in a discriminatory manner
- If you are a whistleblower
- You lose your job for any reason that is discriminatory under New York State Human Rights Law including race, religion, gender, place of national origin, age, marital status or disability, age
- You work in New York City and are fired because of your sexual orientation, arrest or conviction record, partnership status, caregiver status, familial status, or status as a victim of domestic violence, stalking and sex offenses
- You participate in an investigation into discriminatory practices
- You lose your job for filing a worker’s compensation claim or participating in a worker’s compensation investigation
- Your boss fires you for fulfilling your obligation to report to jury duty
Illegal Termination Violates Federal Law
When an employee gets fired in violation of federal law, he or she may have a lawsuit. Federal anti-discrimination legislation that protects employees from termination:
- Title VII of the Civil Rights Act of 1964- prohibits discrimination, including firing, for race, religion, national origin, gender, color
- Pregnancy Discrimination Act – prohibits firing someone because of pregnancy or a pregnancy-related condition
- Americans with Disabilities Act – prohibits firing because of a real or perceived disability
- Age Discrimination in Employment Act – prohibits firing someone because he or she is over 40.
- Retaliation- it is unlawful to fire someone for trying to enforce their rights under these laws, filing a claim or for participating in an investigation related to them.
- Constructive discharge is also prohibited under federal law. If your employer causes or allows your workplace environment to be so hostile that you are forced to quit, you may have a cause of action.
Speak with Attorneys at Leeds Brown
Ask yourself some questions if you find yourself in receipt of a pink slip:
- Do I have a written employment contract?
- Does a union protect me?
- Did I receive an employee handbook?
- Was I fired in retaliation for exercising a legal right?
- Was I fired for a discriminatory reason such as being pregnant or Muslim?
If the answer to any of these is yes or maybe, consider speaking with a wrongful termination attorney in New York right away.
At Leeds Brown, we can help you understand your rights after you have lost your job. Tell us your story and allow us to determine if you have a viable cause of action against your employer. If there is a way for you to secure monetary damages, reinstatement or any other outcome that may be available, we are the lawyers who can guide you toward a successful outcome.
Contact employment discrimination attorneys in New York today by calling 1-800-585-4658. Leeds Brown has someone here to take your call 24/7. Don’t delay, let us start working on your wrongful termination claim now.