Were you laid off, fired, or otherwise discharged from your job? You may be wondering whether or not you have a wrongful termination claim. While employers in New York State have broad authority to make their own hiring/firing decisions, they cannot remove a worker for an unlawful reason. At Gerstman Schwartz LLP, we have extensive experience representing employees in wrongful termination cases. In this article, our New York employment litigation lawyers explain the key things to know about wrongful termination claims.

New York is an At-Will Employment State

Similar to most other U.S. jurisdictions, New York is an at-will employment law state. The National Conference of States Legislatures (NCSL) explains that this standard holds that “an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability.”

Put another way, an employer in New York State does not need good cause to fire an employee. Businesses and organizations have broad discretion to remove employees—potentially even for an unfair reason. However, employers in New York cannot fire a worker for an illegal reason. An illegal firing can give rise to a wrongful termination claim.

Employers in New York Cannot Terminate a Worker for an Illegal Reason

Wrongful termination is the firing or discharge of an employee in breach of contract or in breach of the law. If you were fired or laid off in New York and you believe that your rights were violated, you may have a wrongful termination claim. Here are three of the most common bases of wrongful termination lawsuits in New York:

• Discrimination: Employers cannot terminate, lay off, or discharge workers in violation of a federal, state, or local discrimination law. All employers with 15 or more workers are subject to the federal anti-workplace discrimination law (The New York Human Rights Law (NYHR)) is even more comprehensive. It applies to all employers with four or more total employees. Workplace discrimination laws protect employees against unfair treatment on the basis of race, color, national origin, sex, gender, sexual orientation, gender identity, age, pregnancy status, age, and disability status. If you were fired or laid off for a discriminatory reason, you can pursue a wrongful termination claim.
• Retaliation: Your rights as an employee only exist to the extent that you can actually enforce them. Employers are strictly prohibited from retaliating against a worker who engaged in a legally protected activity. As explained by the U.S. Equal Employment Opportunity Commission (EEOC), retaliation is the “most frequently alleged basis of discrimination” in federal employment law matters. Retaliation occurs when an employer wrongfully punished—sometimes wrongfully terminates—an employee. For example, imagine that an employee filed a complaint against their employer for an overtime violation under the Fair Labor Standards Act (FLSA). The employer learns of the complaint and responds by firing the worker. That employee could bring a wrongful termination claim. Another example would be an employee getting fired immediately after reporting sexual harassment by a supervisor. The law protects an employee’s right to report sexual harassment in the workplace. If he or she is fired for reported sexual harassment, that could be the basis of a wrongful termination lawsuit.
• Breach of Contract: Most at-will employees do not have an employment contract in place. However, there are plenty of exceptions. If you have a valid employment agreement, the contract is legally enforceable in New York. An employer cannot terminate you in violation of the terms of your employment agreement. You can bring a wrongful termination claim on the grounds of breach of contract. If you have any specific questions about breach of contract, a New York wrongful termination lawyer can help.

All allegations of wrongful termination require a thorough, independent investigation. If you were wrongfully terminated in New York City, Long Island, and throughout the surrounding area, consult with an experienced New York wrongful termination lawyer who can investigate the matter and help you secure all of the evidence necessary to establish liability.

Employment Law: Understanding the Remedies for a Wrongful Termination in New York

If you were subject to wrongful termination, you have the right to hold your employer legally liable. The remedies that are available to you through a wrongful termination claim will depend on a wide variety of case-specific factors. Along with other types of remedies, you may be entitled to any combination of the following:

• Payment of back wages (back pay):
• Compensation for loss of benefits;
• Compensation for emotional distress;
• Punitive damages;
• Injunctive relief—potentially including reinstatement.

An Attorney Can Help You Determine Your Rights and Options

Wrongful termination claims are complicated. For the most part, employers in New York State have a general understanding that it is unlawful to discriminate, retaliate, or breach a valid employment contract. As such, it is not uncommon for employers that engage in wrongful termination to try to come up with pretextual reasoning to justify their personnel decision. Pretext is essentially a false reason that is used to conceal unlawful conduct, such as wrongful termination.

If you or your loved one was subject to wrongful termination, it is imperative that you are proactive. An experienced New York wrongful termination lawyer can review the specific circumstances of the case, answer questions, explain your options, and help you take action to get justice and fair compensation. The New York wrongful termination attorneys at Gerstman Schwartz LLP are standing by, ready to help you navigate the employment law claims process.

Contact Our New York Wrongful Termination Lawyer Today

At Gerstman Schwartz LLP, our New York wrongful termination attorneys are experienced, reliable advocates for clients. If you or your family member was wrongfully terminated by an employer, we can help. Call us at 917-690-8709 or connect with us online to arrange a completely confidential initial consultation. From our offices in Garden City and New York City, we handle wrongful termination claims throughout the region.