FAQ

After being wrongfully terminated, it is important to gather any documentation related to your employment, such as emails, contracts, and performance reviews. Speaking with an employment attorney to assess whether your rights were violated under federal or New York law is incredibly important.

You may be able to file a claim with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR), depending on the nature of the wrongful termination. Both agencies can investigate discrimination or retaliation claims and take legal action against employers. Acting quickly is crucial, as there are deadlines for filing claims under both state and federal laws.

You can sue your employer for wrongful termination if you were fired for discriminatory, retaliatory, or other illegal reasons under New York or federal law. You don’t have to file a complaint with the NYSDHR before pursuing a claim under New York state law, and you don’t have to file with the EEOC as prerequisite to filing a claim under federal law.

If the agency finds merit in your claim, they can either take action on your behalf or issue you a "right to sue" letter, allowing you to pursue a lawsuit in court. Remedies for wrongful termination can include back pay, reinstatement, and compensation for emotional distress.

When filing a wrongful termination claim, it is important to gather key documents such as your employment contract, termination letter, performance reviews, and any communications related to the termination. If your claim involves discrimination or retaliation, documents such as emails, witness statements, and records of complaints you made can strengthen your case. You will also need personal identification, details of your employment history, and any records showing the timeline of events leading to your termination. These documents help establish the grounds for your claim and provide evidence to support your case during the investigation or litigation process.

The timeline for resolving a wrongful termination case varies depending on the complexity of the case and whether it is handled through an administrative agency or the court system. If you file a complaint with the NYSDHR or EEOC, the investigation process can take several months to over a year, depending on the agency's workload. If your case goes to litigation, it may take one to two years or longer to resolve, especially if there are appeals or delays. Settlements can occur earlier in the process, but each case is unique. Consulting an attorney can help set realistic expectations based on the specifics of your situation.

After filing a wrongful termination claim with the EEOC, the agency will review your complaint to determine if it falls within their jurisdiction. If so, the EEOC may launch an investigation, during which they will gather evidence, interview witnesses, and possibly attempt mediation between you and your employer. If the EEOC finds that your employer violated the law, they may take enforcement action, such as filing a lawsuit on your behalf. Alternatively, they may issue a "right to sue" letter, allowing you to pursue legal action independently in federal court. The EEOC may also dismiss the claim if there is insufficient evidence of wrongdoing.

Yes, many wrongful termination claims are settled out of court. Settlement negotiations can take place at any stage of the claim process, whether during an EEOC investigation, after filing a lawsuit, or before a trial. Settlements allow both parties to avoid the cost and uncertainty of litigation, and typically result in compensation for the wrongfully terminated employee. Settlement terms can include back pay, front pay, and sometimes a confidentiality agreement. Consulting with an attorney is crucial to ensure that the settlement offer is fair and adequately compensates you for the losses caused by the wrongful termination.

Reinstatement is a possible remedy in a wrongful termination case, meaning you could get your job back if you win. However, reinstatement is not always practical or desirable, especially if the relationship with your employer has deteriorated. In cases where reinstatement is not feasible, courts may award front pay, which compensates for the wages you would have earned had you remained employed. Whether reinstatement is possible will depend on the specific circumstances of your case, and your attorney can help you evaluate whether seeking reinstatement or financial compensation is the best option.

Back pay in a wrongful termination lawsuit is calculated based on the amount of wages and benefits you would have earned from the date of your termination until the court resolves the case or you find new employment. This includes lost salary, bonuses, commissions, and benefits such as health insurance or retirement contributions. If you found a new job at a lower salary, the difference between your new wage and your previous wage would be included in the back pay calculation. Courts may also consider overtime pay or raises that you would have received had you not been wrongfully terminated.

In some wrongful termination cases, you can recover attorney fees as part of your compensation. Under federal statutes like Title VII and the Americans with Disabilities Act (ADA), prevailing plaintiffs in discrimination or retaliation cases may be awarded reasonable attorney fees. Similarly, New York state laws may allow for attorney fees to be recovered in certain wrongful termination cases. This helps ensure that employees who cannot afford legal representation can still pursue claims. Courts will assess the complexity of the case and the work performed by your attorney when determining the amount of attorney fees to award.

Punitive damages are awarded in a wrongful termination case to punish the employer for especially malicious or reckless conduct. They are not meant to compensate the employee but rather to deter the employer and others from engaging in similar conduct in the future. In New York, punitive damages are available in cases involving particularly egregious wrongdoing, such as intentional discrimination or extreme retaliation. Under federal laws like Title VII, punitive damages are capped based on the size of the employer, ranging from $50,000 to $300,000. Whether punitive damages are awarded will depend on the severity of the employer’s actions.