What Is Wrongful Termination in New York?
As a reputable Hamptons employment lawyer will tell you, wrongful termination is the act of an employer firing an employee for illegal reasons.
Under the New York State Human Rights Law, it is considered wrongful termination to be fired from a job due to illegal discrimination against your:
- Age
- Disability
- Gender
- Immigration status
- Past arrest record
- Pregnancy
- Marital status
- Military status, including being a veteran
- Race
- Religion
- Sexual orientation
Wrongful termination also includes being fired from a job when the reason violates New York State or federal laws, such as:
- Being penalized for serving jury duty
- Taking authorized medical leave, which is protected under the federal Family and Medical Leave Act (FMLA)
- Violating an employment or union contract
- Filing for workers’ compensation or disability benefits
- Workplace retaliation if an employee reports a company for wrongdoings or complaints of harassment, as covered under New York Labor Law Section 215
Why Should I Hire a Wrongful Termination Lawyer?
It’s important to note that New York State is an “at-will” employment state. This means that an employer can technically let an employee go at any time and for any reason, so long as it is not illegal or violates any laws.
This is why it’s very important to immediately hire a Hamptons wrongful termination attorney if you feel that your employer wrongfully terminated your employment.
If your lawyer determines that you were wrongfully terminated from your job in the Hamptons, they can take the following actions to defend your employment rights:
- Explain what laws your wrongful termination violates and the correct approach for your case.
- Complete all necessary complaint filings with the New York State Division of Human Rights, Equal Employment Opportunity Commission (EEOC), and/or the Suffolk County Supreme Court.
- Build your case by investigating and gathering evidence, including witness statements, company policies and manuals, employee files, performance reviews, and all communications, such as emails, texts, voicemails, memos, termination letters, and any other documents.
- Send formal letters to your employer, notifying them of their potentially illegal actions and your case.
- Negotiate with your employer out of court for back pay, front pay (future lost wages), punitive fees, attorney’s fees, and/or emotional distress damages.
- Represent you and your interests if your case goes to court.
FAQs
How Much Does It Cost to Hire a Wrongful Termination Lawyer in the Hamptons?
How much it costs to hire a wrongful termination lawyer in the Hamptons depends on your specific case and its complexity. For example, wrongful termination cases that are negotiated and settled outside the courtroom can cost less than those that need to be settled in court. Your Hamptons wrongful termination attorney can provide you with a cost estimate upon your initial consultation.
How Long Do You Have to File a Wrongful Termination Claim in New York?
How long you have to file a wrongful termination claim in New York depends on the legal basis of your case. For example, any reasons that violate New York State Human Rights Laws must be filed within three years from the date of the incident. Breaches of employment contract cases generally have six years to file a complaint, and you must file a federal discrimination claim with the Equal Employment Opportunity Commission within 300 days of the incident.
How Long Does a Wrongful Termination Case Usually Take?
How long a wrongful termination case takes is all dependent upon the unique situation and its intricacies. For instance, if your case requires a great deal of evidence-gathering by your Hamptons wrongful termination lawyer, it may take longer than one where you can provide much of the documented evidence right away. During your first meeting, your attorney can provide you with an estimate of how long your case might take.
What Are the Odds of Having a Successful Wrongful Termination Case in New York?
The odds of having a successful wrongful termination case in New York depend on how strong a case your lawyer can build. This is done by investigating and gathering indisputable evidence, showing that your employer let you go from your job for a reason that is considered illegal by New York State or federal law. This is why it’s very important to hire a Hamptons wrongful termination attorney with a great deal of experience.
Consult an Experienced Hamptons Wrongful Termination Lawyer
If you may have been wrongfully terminated from a position, you’re not alone. About 60% of New Yorkers reported being fired from a job for either no reason or an unfair or inaccurate reason. And about one in every seven New Yorkers said they were fired or disciplined for voicing their opinion against concerns at their jobs.
Wrongful termination is not only unlawful; it can also have a profound negative impact on your career and financial future. This is why it’s vital to act quickly and hire a Hamptons wrongful termination attorney right away. That way, they can begin investigating your case and working to pursue the compensation you deserve.
For more than 20 years, Mesidor PLLC has been assisting New Yorkers just like you. We can explain your rights and legal options if you’re wrongfully terminated from your job. Our compassionate and experienced team can share their in-depth knowledge of both New York State and federal employment laws. We can build you a solid case to seek the ideal outcome.
If you or a loved one has been wrongfully terminated from their job, contact our office today to set up a consultation.