In general, most employees in New York are considered to be “at-will” employees. This means that an employer may fire an employee for any reason, or for no reason at all, so long as the underlying basis for the firing is not because of legally protected grounds, such as race. If the firing was illegal, the employee may have a strong case for wrongful termination. At the law firm of Fisher Taubenfeld LLP, our attorneys handle a wide range of employment law issues, including wrongful termination claims.
The following are some of the frequently asked questions our lawyers encounter regarding wrongful termination. It is important to keep in mind that everyone’s situation is unique and nothing can replace the advice you receive from a skilled attorney. For a free phone consultation, call us at 646-741-3490.
When is a termination considered wrongful? An “at-will” employment relationship does not give employers the freedom to fire employees for any and all reasons. A termination is considered wrongful if it is based on a protected class characteristic, such as race or religion, or as retaliation for reporting illegal workplace behavior. A hostile work environment leading a person to quit is also a form of wrongful termination.
Does New York law provide additional protections to employees? Yes. New York law allows for wrongful termination suits in more areas than are covered by federal law. For example, an employee in New York may have a wrongful termination if he or she has been fired for making a workers’ compensation claim, seeking payment for overtime and other employment law violations.
My employer gave a valid reason for firing me. How can I prove that I was wrongfully terminated? Cases where employers give a valid reason for a termination to cover up the real, illegal reason for the termination are common. It is up to an attorney to investigate the claim and determine if there is evidence of wrongful termination. If you believe you were wrongfully terminated, you should seek legal counsel as soon as possible.
For Answers To Your Questions, Contact Our Attorneys Today
We are available to answer any questions you may have concerning a wrongful termination claim. Call us at 646-741-3490 or toll-free 866-654-0343 for a free phone consultation. You may also send an email directly through our website.