If an employer terminates the employee for any unlawful reasons such as protected characteristics or for contractual obligations, then they are breaking the law.
What is Wrongful Termination in New York?
The state of New York allows employers to fire their employees for unfair reasons as long as they are not illegal. The employer can ‘fire-at-will’ except in the following illegal cases:
Discrimination: Fire an employee based on their race, gender, age, religion, or disability as per federal anti-discrimination laws.
Retaliation: Fire, demote, or harass an employee if they report any form of illegal conduct also known as whistleblowing.
Breach of Contract: Fire any employee for breaching the employment contract.
How can you Prove Wrongful Termination in New York?
You can use any of the following evidence or a mix to prove that you have been wrongfully terminated.
Direct Evidence: This is the best evidence that can be used to prove discrimination. A strong proof of such discriminatory attitude can be present in the form of documents from decision makers. It is recommended to seek legal expertise for such cases as the attorney can summon documents, interview fellow employees and gain access to coveted proofs.
Circumstantial Evidence: This form of evidence involves plaintiffs demonstrating how they are members of a protected class and what adverse actions they may be facing from the employers. They also need to show how they have inferred that there is discrimination created by surrounding work circumstances.
For additional information on proving wrongful termination of your job and your legal rights on the topic, visit: https://friedmanlevy.com/practice-areas/civil-rights-lawyer-nyc/how-do-i-prove-wrongful-termination-in-new-york/
Steps to Strengthen your Wrongful Termination Case
If you believe that you have been wronged, demoted, unfairly fired, or your hours have been cut back, you can follow the below steps and properly document all your actions to strengthen your lawsuit.
- You should ask your employer why you were terminated and request for a written document on adverse employment actions.
- You should request for copies of all your documents and information contained in your HR personnel file.
- You should make notes of any discrimination, retaliation or harassment incidents that you may have experienced while at work.
- You should file a complaint with the Equal Employment Opportunity Commission. Based on your case, you may receive a letter from EEOC for the ‘right to sue’ that allows you to file for a federal discrimination lawsuit.
- You should start searching for a new job as juries are found to be more sympathetic toward your case if you are a terminated employee seeking employment elsewhere.
How can a personal injury lawyer help you?
If you believe that you have been wrongfully terminated in the state of New York, you may be entitled to receive compensation for lost wages and your emotional distress. It is recommended to contact a personal injury lawyer if you wish to file a lawsuit against your current, or former employer.
Proving wrongful termination can get complicated as your employer has copies of emails, memos, internal files and corporate executive testimony that they can use against you. But if your employers find that you have a strong legal backing in the form of an experienced attorney, they may try to settle your case out of court. A knowledgeable and seasoned lawyer can help you collect evidence and prove that an intentional and malicious act on the employer’s part has resulted in your termination.
