New York Wrongful Termination Attorney

Was I Wrongfully Discharged from My Job?

The skilled employment law attorneys at Horn Wright, LLP have extensive experience representing those who have been wrongfully terminated by their employers. If you believe that you have been fired for illegitimate reasons, potentially involving breach of contract or employment discrimination, we encourage you to get in touch with our New York wrongful termination lawyers to discuss your legal options.

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• Extensive legal experience
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What Qualifies as Wrongful Termination in NY?

Wrongful termination occurs when an employee is fired in violation of their legal rights. Under New York law, an employment relationship is usually "at-will," meaning either the employer or the employee can terminate employment at any time. However, wrongful termination applies when an employee is dismissed for illegal reasons such as discrimination, retaliation, or breach of contract. The New York State Human Rights Law (NYSHRL) prohibits terminations based on race, gender, age, disability, religion, or other protected categories. Federal laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) also provide protections against wrongful termination based on discrimination.

How Do I Know if I Was Wrongfully Terminated?

To determine if you were wrongfully terminated, you must evaluate whether the firing was due to illegal discrimination, retaliation, or a breach of contract. If you believe your termination was motivated by protected characteristics like race, sex, age, or religion, it could qualify as wrongful under both federal and New York state law. Additionally, if you were fired after reporting illegal workplace activities or asserting your legal rights, you may have been retaliated against, which also constitutes wrongful termination. Reviewing the terms of your employment contract, if applicable, and considering any discriminatory treatment you faced can help clarify if your termination was illegal.

Common Examples of Wrongful Termination

• Discrimination
• Retaliation
• Contract

Discrimination-Based Wrongful Termination

Discrimination-based wrongful termination occurs when an employer fires an employee due to their membership in a protected category under the law. In New York, the NYSHRL protects workers from discrimination based on race, color, national origin, age, gender, disability, sexual orientation, religion, and other factors. For example, an employer cannot legally terminate an employee because they are over 40 years old or because of their religious beliefs. Federal laws like the Age Discrimination in Employment Act (ADEA) and Title VII of the Civil Rights Act also prohibit similar discriminatory terminations.

How Can I Prove My Wrongful Termination was Due to Discrimination?

To prove your wrongful termination was based on discrimination, you must show that you were treated differently because of a protected characteristic, such as race, gender, or age. Documentation like emails, performance reviews, and witness statements can help establish a pattern of discriminatory treatment. If other employees outside your protected class were treated more favorably, this can support your claim. Filing a complaint with the EEOC or NYSDHR will initiate an investigation to gather evidence and verify whether discriminatory practices occurred. Legal representation can also help guide you through this process.

What is the Statute of Limitations for a Wrongful Termination Discrimination Case in New York?

The statute of limitations for filing a discrimination-based wrongful termination claim under New York law depends on the type of claim. For most discrimination claims under the NYSHRL, you must file with the NYSDHR within 3 years of the discriminatory act. If you are filing under federal law, such as Title VII, you typically have 300 days to file a complaint with the EEOC. These time limits are critical, as missing the deadline can bar you from pursuing legal action. Consulting with an attorney soon after termination is recommended to ensure compliance with these deadlines.

Can I File a Wrongful Termination Claim if I was Fired for My Disability?

You can file a wrongful termination claim if you believe you were fired due to your disability. Both the Americans with Disabilities Act (ADA) and the NYSHRL prohibit employers from discriminating against employees with disabilities. If you were capable of performing the essential functions of your job, either with or without reasonable accommodation, but were fired due to your disability, you may have a claim. You should immediately contact Horn Wright, LLP, to discuss filing a complaint with either the EEOC or the NYSDHR to ensure your complaint is completed correctly to avoid prejudicing your case.

What are Damages Can I Recover in a Discrimination Wrongful Termination Lawsuit?

In a discrimination-based wrongful termination lawsuit, several types of damages may be available. These can include back pay, which compensates you for lost wages from the time of termination to the court’s decision, and front pay, which compensates for future lost earnings. You may also be entitled to reinstatement to your former job or, if not feasible, compensation for the loss of employment. Additionally, emotional distress damages may be awarded for psychological harm caused by the termination. Punitive damages, meant to punish the employer, may also be available if the employer’s actions were especially egregious.

Retaliation-Based Wrongful Termination

Retaliation-based wrongful termination happens when an employer fires an employee for engaging in legally protected activities. In New York, employees are protected from retaliation for reporting workplace violations, participating in investigations, or asserting their rights under various laws. For instance, if an employee files a discrimination complaint or reports wage violations, and their employer retaliates by firing them, it could be a case of wrongful termination. Federal statutes like Title VII and the Fair Labor Standards Act also prohibit retaliation against employees for engaging in these activities.

Under New York employment law, employers are forbidden from retaliating against employees who:

• Notify authorities of illegal business practices being conducted in their workplace
• File a lawsuit against their employer
• File a complaint with human resources
• File a workers’ compensation claim after a workplace accident

They are also forbidden from taking other adverse employment actions against the employee, including:

• demoting them,
• decreasing their salary,
• giving negative work evaluations,
• treating them with hostility.
• or failing to consider them for promotions that they are eligible for

If you suspect that the reason for your termination was to get back at you for exercising your legal rights, it is urgent that you take swift action. Call our firm today to discuss your potential case and the ways in which we may be able to help you.

How Do I Prove Wrongful Termination Based on Retaliation?

To prove retaliation-based wrongful termination, you need to establish a connection between your protected activity and the termination. Evidence such as documentation of complaints you made, communications with your employer, or performance reviews can help. If your firing occurred soon after you engaged in a protected activity, this can suggest a retaliatory motive. Witness testimony and records of employer conduct toward you before and after the complaint can strengthen your case. An employment attorney can help you gather the necessary evidence and file a claim.

How Long Do I Have to File a Wrongful Termination Claim Based on Retaliation?

Under New York law, the statute of limitations for filing a retaliation-based wrongful termination claim is typically 3 years with the NYSDHR or 300 days with the EEOC if filing under federal law. These deadlines are crucial, as missing them could prevent you from pursuing legal action. If your claim involves retaliation for reporting wage violations under the Fair Labor Standards Act, the time limits may differ. An attorney can help determine which laws apply to your case and ensure you meet the filing deadlines.

Can I be Fired for Reporting My Employer to a Government Agency?

No, you cannot legally be fired for reporting your employer to a government agency if the report involves illegal activities or violations of labor laws. Whistleblower protections under both federal and New York law safeguard employees from retaliation for reporting violations. For example, if you report unsafe working conditions or wage violations to the Occupational Safety and Health Administration (OSHA) or the Department of Labor, your employer cannot fire you as retaliation. If they do, you may have grounds for a wrongful termination lawsuit.

Can I File a Claim for Wrongful Termination if I was Fired for a Workers’ Compensation Claim?

If you were wrongfully terminated for filing a workers’ compensation claim, you have legal recourse under New York law. New York Workers’ Compensation Law prohibits employers from retaliating against employees who file claims. If your employer fired you in retaliation, you can file a retaliation claim with the Workers’ Compensation Board or pursue a wrongful termination lawsuit.

Contract-Based Wrongful Termination

Wrongful termination can occur if an employer violates the terms of an employment contract. Employment contracts often outline specific reasons for which an employee can be terminated. If you were fired for reasons not listed in the contract, or if the employer did not follow the required process, you may have a claim for breach of contract. In New York, courts look at the terms of the contract to determine whether the employer violated its provisions. Federal laws are typically not involved unless the termination also involves discrimination or retaliation.

What Should I Look for in My Employment Contract to Determine if I was Wrongfully Terminated?

When reviewing your employment contract, look for any provisions that specify the reasons for termination or the process the employer must follow before terminating employment. If the contract limits the employer’s ability to terminate you to "just cause" or requires a warning or notice period, and your termination did not comply with these conditions, it may constitute wrongful termination. Pay attention to any clauses about dispute resolution or arbitration, as they may affect how you can pursue a claim. Consulting with an attorney can help you assess whether your termination breached the contract.

Can I be Terminated Before the End of My Employment Contract?

If you have a fixed-term employment contract, being terminated before the end of the contract term may constitute wrongful termination if the employer does not have a valid reason as specified in the contract. In New York, unless the contract includes a provision for early termination or specifies circumstances that allow for early dismissal, the employer could be in breach of the contract. However, some contracts include "at-will" clauses, which allow termination even before the contract term ends. Review your contract carefully to understand the conditions for termination, and consider seeking legal advice if the early termination does not align with the contract terms.

What is “Just Cause” Termination in an Employment Contract?

Just cause" refers to a legitimate, legal reason for terminating an employee, typically outlined in an employment contract. In New York, if your contract specifies that termination must be for "just cause," your employer must have a valid reason, such as serious misconduct, poor performance, or violating company policies. If the employer terminates you without proving just cause, it could be considered wrongful termination and a breach of contract. Evidence of your job performance, employer communications, and adherence to company policies can be critical when assessing if the employer had just cause.

What are my Legal Options if My Employer Breached my Contract by Firing Me?

If your employer breached your contract by wrongfully terminating you, you may have the option to file a lawsuit for breach of contract. In New York, you can pursue damages such as lost wages, benefits, and sometimes even compensation for emotional distress. Depending on your contract, you may also be entitled to reinstatement to your position. In some cases, contracts require arbitration or mediation before going to court, so review your contract for any dispute resolution clauses. An employment lawyer can help you understand your rights and guide you through the legal process.

How to File a Wrongful Termination Claim in NY

To file a wrongful termination claim in New York, you first need to identify the type of wrongful termination—whether it’s based on discrimination, retaliation, or breach of contract. If discrimination or retaliation is involved, you should immediately contact Horn Wright, LLP, before filing  a complaint with the New York State Division of Human Rights (NYSDHR) or the Equal Employment Opportunity Commission (EEOC) to avoid damaging your case.

Both agencies have specific forms and procedures for filing. You must file your claim within the statute of limitations—typically 3 years with the NYSDHR or 300 days with the EEOC. If your claim involves a breach of contract, you may need to file a civil lawsuit, typically in state court.

Do I Have a Case for Wrongful Termination?

Remember, because New York is an at-will state, your employer can fire you or let you go for virtually any reason—except in violation of your rights. Only in highly specific situations does firing constitute wrongful termination.

In order to determine if you may have a case for wrongful termination, ask yourself the following:

• Were you fired due to discriminatory reasons?
• Were you fired because of your race, sex, religion, or any other protected class?
• Were you let go after becoming pregnant or requesting paid leave under the Family and Medical Leave Act (FMLA)?
• Were you fired after an on-the-job injury or after filing a workers’ compensation claim?
• Were you let go after reporting discrimination or harassment, including sexual harassment?
• Were you let go after reporting unlawful employer conduct?
• Do you believe you were fired for any discriminatory, retaliatory, or other unlawful reason?

If you believe one of these or a similar situation applies to your situation, you could have grounds for a wrongful termination lawsuit. We encourage you to reach out to our New York wrongful termination lawyers to discuss the specifics of your situation during an initial consultation and case evaluation. Depending on the factors involved in your case, you could have anywhere from 180 days to 3 years to file a wrongful termination lawsuit in New York, but the sooner you reach out to our team, the better.

Compensation and Damages for Wrongful Termination in New York

In a wrongful termination lawsuit, you may recover several types of damages. These include back pay for wages lost from the date of termination until the case is resolved, and front pay for future lost wages if reinstatement is not feasible. You may also be awarded compensation for lost benefits such as health insurance or retirement contributions. 

Emotional distress damages may be available for the mental anguish caused by the termination, and in some cases, punitive damages may be awarded to punish the employer for especially egregious conduct. New York law, along with federal statutes like Title VII, governs the types of damages available in wrongful termination cases.

Get a Free Wrongful Termination Case Evaluation in NY

Horn Wright, LLP offers complimentary case evaluations to prospective clients. We invite you to contact us to talk about how our firm is the right fit for your employment law matter. Dedicated to our clients’ success, we relentlessly pursue exceptional results in each case we handle.

Fill out an online evaluation form to get started or call our New York wrongful termination attorneys at (855) 465-4622.