Losing your job is bad enough. But when you’re fired unfairly, it’s a whole different level of frustration. Many workers assume that because New York is an “at-will” employment state, their employer can fire them for any reason. That’s not entirely true. Employers still have to follow the law; when they don’t, you might have the right to sue for wrongful discharge.
Wrongful discharge happens more often than people realize. If you were let go for an unfair or illegal reason, you don’t have to just accept it. Understanding your rights could protect your career, your financial future, and even set a precedent for other workers.
If you suspect your firing was illegal, keep reading—because your employer may owe you more than you think. An experienced employment lawyer from Horn Wright, LLP, is ready to help from the moment you call if you suspect you’ve been wrongfully fired.
Fight Back: Know the 5 Most Common Reasons to Sue for Wrongful Termination
Fired for Who You Are? Discrimination Is Illegal
Employers can’t legally fire you based on your race, gender, age, religion, disability, pregnancy status, or sexual orientation. But that doesn’t stop some from trying. Wrongful discharge due to discrimination in the workplace still happens, even in a progressive state like New York.
Proving discrimination isn’t always easy. Employers rarely admit to firing someone because of their identity. Instead, they might disguise it as poor performance or downsizing. However, if you suspect discrimination played a role, here’s what could help your case:
- A sudden firing after revealing a pregnancy or disability
- Evidence that other employees in similar situations were treated differently
- Derogatory comments from management
- A pattern of bias in hiring or promotions
Filing a complaint with the Equal Employment Opportunity Commission or the New York State Division of Human Rights could be the first step toward justice.
They Broke Their Word—Now They Owe You
If you signed an employment contract, your employer doesn’t get to ignore it just because they feel like it. Contracts—whether written, implied, or even verbal—are legally binding.
Many contracts outline conditions for termination. If your boss fires you without following those terms, that’s a breach of contract and could constitute wrongful discharge. Even if you don’t have a written contract, verbal agreements can sometimes hold weight, especially if you can show:
- Emails, texts, or witness testimony confirming promises made
- A pattern of employers following different rules for other employees
- Any financial losses you suffered due to the broken agreement
When a company makes a promise, they need to keep it. If they don’t, you may have legal grounds to take action.
Punished for Speaking Up? That’s Retaliation
Did you report illegal activity at work? Complain about discrimination? Stand up for your rights? If your firing came after that, you may be a victim of retaliation.
Employers use many tactics to silence employees who speak out, including:
- Demotions, pay cuts, or sudden negative performance reviews
- Excluding you from meetings or job opportunities
- Spreading false rumors to damage your reputation
Retaliation is illegal. If you suspect your firing was punishment for speaking up, keep records of everything—emails, performance reviews, and any sudden negative treatment.
Fired for Taking Legal Time Off? That’s a Lawsuit Waiting to Happen
The law protects employees who need time off for medical leave, military duty, or family care. If your boss fires you for taking time off under FMLA (Family and Medical Leave Act) or New York’s Paid Family Leave laws, that’s illegal and may qualify as wrongful discharge.
Common illegal termination scenarios include:
- Getting fired while recovering from surgery
- Losing your job after returning from maternity or paternity leave
- Being let go for attending jury duty or military training
If your employer ignored your legal rights, you may be entitled to compensation, reinstatement, or both.
They Didn’t Follow Their Own Rules—Now You Can Make Them Pay
Many companies have policies in place to protect employees. But if an employer ignores their own procedures (especially in disciplinary actions or terminations), it could be used against them.
Look at your employee handbook or company policies. If they promise disciplinary steps before termination and skip them, that could be evidence of wrongful discharge.
Some things that might help your case:
- A termination that contradicts written policies
- Other employees who were disciplined differently for the same issue
- A sudden policy change that only seemed to apply to you
Employers can’t pick and choose when to follow their own rules. If they failed to follow company policies, that might strengthen your case.
Your Next Move: What to Know Before You Sue
Not every firing is illegal. But if yours involved discrimination, retaliation, contract violations, or ignoring company policy, you might have a strong case for wrongful discharge. Here’s what you should consider:
- Documentation is key – Save emails, contracts, performance reviews, and any written communication related to your firing.
- Timing matters – Legal deadlines vary, so filing complaints with the EEOC or a state agency quickly is crucial.
- Possible compensation – If you win, you could receive:
- Back pay for lost wages
- Compensation for emotional distress
- Reinstatement in your job
- Punitive damages if the employer acted maliciously
If you suspect wrongful discharge, take action quickly. The longer you wait, the harder it may be to prove your case.
Get a Fighter in Your Corner
Facing a wrongful discharge battle alone can be overwhelming. Employers often have legal teams ready to defend their actions—but you don’t have to take them on by yourself.
At Horn Wright, LLP, we fight for wrongfully terminated employees in New York. Our experienced attorneys know employment law inside and out. We’ll review your case and help you gather evidence. If your employer fired you illegally, we’ll make sure they’re held accountable.
Don’t let them get away with it. Contact our labor attorneys today and get started with your case.