At-Will Employment And Wrongful Termination In New York
In New York, most of the time, employers do not need a reason to fire an employee. However, sometimes an employee can show that they were fired illegally. When an employee can prove that they were fired illegally, a wrongful termination lawyer can help them prove a claim that they were illegally fired.
At the law firm of Fisher | Taubenfeld LLP, our New York City wrongful termination attorneys handle a wide range of employment law issues. If you have a wrongful termination claim, they can advocate for your rights and hold your employer accountable.
Defining At-Will Employment
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 no reason at all, so long as the underlying basis for the firing is not because of legally protected grounds, such as race. The employee may have a case for wrongful termination if they can prove that their termination was illegal.
A Wrongful Termination Lawyer Answers Frequently Asked Questions
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. If you still have questions, our discrimination lawyers offer a free phone consultation and case evaluation to discuss your specific situation.
When is a termination considered wrongful?
Even though New York assumes an “at-will” employment relationship, there are times when a fired employee was terminated illegally. A termination is considered wrongful if the employee is a member of a protected class and they can prove that their firing was directly related to their protected class. For example, an employee who was terminated because of race discrimination or religious beliefs may have a claim for illegal firing. An employee might also have a wrongful termination claim if they were fired out of retaliation for reporting illegal workplace behavior. When an employee is suffering in a hostile work environment and they quit their job, they might have a wrongful termination claim called constructive discharge.
Are the New York laws the same as the federal discrimination laws?
New York law actually allows for additional protections beyond what is protected by federal law. For example, an employee in New York may have a wrongful termination claim if he or she has been fired for making a workers’ compensation claim, and seeking payment for overtime and other employment law violations.
My employer gave a valid reason for firing me. But I don’t believe it was the real reason. How can I prove that I was wrongfully terminated?
Sometimes, an employer will provide a valid reason for a termination when they are actually trying to cover up an illegal reason for an employee’s firing. An experienced employment law attorney will investigate your claim and determine if there is enough evidence to prove a wrongful termination claim. If you believe you were wrongfully terminated, you should seek legal advice from an experienced litigator as soon as possible.
Schedule A Free Consultation With A New York City Wrongful Termination Lawyer
Our wrongful termination lawyers are available for consultations. They offer clients a confidential case evaluation and consultation for free. During this appointment, you can talk about your case and they will answer your questions. To schedule your free appointment, you can call us at 646-741-3490 or toll-free 866-654-0343. If it’s easier, you can also send us a message using our online form.