How To Spot A Wrongful Termination In New York
The average employee in New York is likely aware that they live and work in an “at-will” state, as most U.S. states are. What this means is that at least in theory, they can be fired or leave their job at any time, for any reason. In reality, there are several exceptions to this that make it unlawful to fire an employee. If you believe that you have been wrongfully terminated in New York, contacting an attorney is a good idea.
Exceptions To The “At-Will” Rule
New York law is fairly clear about which circumstances are unacceptable grounds for terminating an employee. There are two main situations in which a termination is unlawful – the first is if you are protected by an individual contract or a union collective bargaining agreement (CBA). Most CBAs in particular include ‘good cause’ provisions, explicitly requiring a good cause for an employee’s termination.
The other situation in which a firing may be unlawful is if it happens based on a protected characteristic. The New York Attorney General’s Office explains that while an employer can fire someone for no reason, they may not do so for an unlawful reason, and a firing may be unlawful if it can be linked specifically to your characteristics – for example, being a person of color or a member of the LGBTQ+ community, among others.
Your Activities Are Protected
Another issue to keep in mind if you believe you have been unjustly terminated is that your activities relating to your job are generally protected speech, and cannot furnish a reason to terminate your employment. The classic example of protected work-related speech is whistleblowing, which is informing the government about unlawful or unethical conduct by your employer – but there are many other examples, such as volunteering for a political candidate (on your own time) or serving on a jury.
If you believe that your firing was wrongful, the first step you should take is to engage an experienced attorney – and then file a complaint with either the New York City or State Department of Human Rights. If required, the case will be presented in a public hearing and you may be entitled to damages – anything from reinstatement to double and triple damages, depending on the nature of the termination.
Contact A New York Wrongful Termination Attorney
Being summarily let go can be jarring, and if you believe it is for an unlawful or unjust reason, it can be even worse. Contacting a New York City wrongful termination attorney from Mansell Law, LLC can be your first step toward getting compensation for what you have been through. Call our office today for a free consultation.
Source:
ag.ny.gov/job-termination
