New York wrongful termination lawyers know how difficult it can be to lose your job. It happens every day to unsuspecting workers in New York City and nationwide.
When you lose your job due to wrongful termination, you may have lingering questions about the fairness of your termination or the reasons why you were let go.
Unfortunately, it does not always matter why you lose your job because New York is an at-will employment state. However, sometimes it does matter.
Are you entitled to challenge your termination? Were you the victim of wrongful termination? Sometimes, the answer is yes. When your employer fires you for an unlawful reason, you may have an action for “wrongful termination.” But, how do you know if your termination was a wrongful termination?
Contacting experienced New York wrongful termination attorneys at Leeds Brown is the first step toward understanding your rights. Our compassionate and caring staff will listen to the facts surrounding your termination and help navigate your claim. Whether you seek to obtain monetary damages in court or from a settlement, let Leeds Brown help guide you toward the outcome you deserve.
You have probably heard your employer and others say that a person can be fired for any reason because New York is an “at-will” state. At-will means that an employee may be fired at any time, for any reason, or for no reason at all, as long as the reason is not unlawful. So while at-will allows firing an employee for many reasons, an employer can run into legal trouble if terminating without cause under certain circumstances.
Wrongful termination is the term used when an employer fires an employee for an unlawful reason. What does this mean? It is unlawful to terminate someone’s employment for a discriminatory reason, in violation of a contract, in violation of a public policy and other reasons set forth in various pieces of legislation.
Our New York wrongful termination lawyers need to review each case, as the facts of each case are different. The best way to know if you have a case is to speak with an experienced employment law attorney at Leeds Brown.
If your employer terminates you under certain circumstances, you may be entitled to file a claim against your employer and recover compensation. Generally speaking, if you are not an at-will employee, you can only be fired for just cause. An unlawful reason is never considered “just cause.”
The most common circumstances where employees seek to recover damages for wrongful termination are in the following situations:
Violations of Public Policy – It is unlawful to violate public policy when firing a worker. This means that an employer may not fire an employee for a reason that society recognizes as illegitimate. Many state and federal laws specify the employment-related actions that violate public policy. For example, firing someone for reporting a workplace safety hazard may violate public policy. Some other examples include:
Retaliation – The law forbids employers from retaliating against employees who have engaged in certain legally protected activities. For example, it is unlawful for your employer to fire you for filing a discrimination charge with the EEOC or filing a formal sexual harassment complaint with your human resources department. This could give rise to a wrongful termination claim.
Discrimination – An employer may not terminate an employee for any unlawful reason. Discrimination is an unlawful reason. If you believe your employer fired you because of your race, religion, gender, age, or disability, you may have a wrongful termination or discrimination claim.
Contracts – If you can demonstrate that you have an employment contract, either written or implied, you may be able to prove that you are not an at-will employee. To prove you have an implied agreement is difficult. You have to consider things such as the duration of employment, history of performance reviews, any promises made and whether your employer violated any policies or practices when firing you.
If you can prove that you had an agreement and that you had been fired in violation of the agreement, you may be able to file a case with our wrongful termination lawyers.
Fraud – In extreme cases, an employer’s actions when firing a worker are so devious and wrong that they rise to the level of fraud. In order to prove that your job loss was due to fraud, you must show that your employer made a false representation and that someone in a position of authority knew about the false representation. You must also show that your employer intentionally deceived you or tried to get you to rely on the representation. Then, of course, you must prove that you relied on the representation and your employer terminated your employment because of it.
While it may clearly be unfair that your employer fired you, unfair is not the same as unlawful. Determining whether or not your termination may have been unlawful is best left to the expert wrongful termination lawyers at Leeds Brown.
Our attorneys understand the nuances of wrongful termination cases and have a proven track record of helping employees like you obtain damages from employers who violate the law. You may be entitled to recover money for back pay, lost benefits, and emotional distress you may have experienced due to the unlawful actions of your employer.
Contact New York wrongful termination attorneys at Leeds Brown today for a free case evaluation. We are available to take your call all day, every day. Call 1-800-585-4658 and protect your rights.