How a Wrongful Termination Lawyer Can Help You in New York

Getting fired is never easy, especially when it blindsides you. But not every unfair termination is unlawful. In New York, where employment is generally “at-will,” your employer doesn’t need a reason to let you go. However, if that reason violates federal or state law, you may have grounds for a wrongful termination lawsuit.

At Morgan & Morgan, we’ve filed more labor and employment cases than any other firm in America. We know how to hold employers accountable, whether they’ve fired someone over discrimination, retaliation, or a contract violation. And in New York, where powerful companies too often believe they’re untouchable, we’re here to prove otherwise.

What Qualifies as Wrongful Termination in New York?

Just because a firing feels wrong doesn’t mean it’s legally considered wrongful. To rise to that level, the termination must violate a specific legal protection. Some of the most common examples include:

• Discrimination: It’s illegal to terminate someone based on race, gender, age, disability, religion, pregnancy status, sexual orientation, or other protected characteristics under Title VII, the ADA, the ADEA, and New York State Human Rights Law.
• Retaliation: Employees who report harassment, wage theft, unsafe working conditions, or illegal activity are protected from being fired as a form of retaliation. This also applies to whistleblowers and employees who file workers’ compensation claims.
• Breach of Contract: If you have an employment agreement that outlines specific termination procedures or guarantees job security for a set period, firing you without following that agreement may be a breach.
• FMLA Violations: Eligible employees are entitled to up to 12 weeks of unpaid leave for serious health conditions (their own or a family member’s). Terminating someone for taking that protected leave may violate federal law.
• Protected Speech or Political Beliefs: While not every opinion is protected, firing someone over certain types of political expression, especially outside the workplace, may warrant legal review under First Amendment or state law exceptions.

Even in an at-will state like New York, the law draws a clear line. Employers who cross it can be held accountable.

Can I Be Fired Without Warning?

Yes, but only under certain circumstances. New York’s at-will doctrine means employers don’t have to give notice, provide a reason, or offer a performance improvement plan. But if the real reason is discriminatory, retaliatory, or tied to protected leave or speech, that firing becomes unlawful.

Sometimes, employers attempt to conceal their illegal motives by citing vague reasons, such as “bad fit” or “downsizing.” A closer look often tells a different story, and that’s where our attorneys come in.

What Evidence Supports a Wrongful Termination Case?

The strongest wrongful termination cases are backed by a clear record of what happened before, during, and after the firing. Useful evidence may include:

• Emails, texts, or memos showing bias or retaliation
• Witness testimony from coworkers
• Performance reviews or disciplinary records
• Proof of complaints made to HR or regulatory agencies
• Security footage or call logs
• Documentation of your job duties and hours
• A copy of your employment contract, if one exists

If you suspect you're being targeted for unfair treatment, start documenting everything that happens. Save emails. Take notes. Don’t rely on memory alone, and don’t wait until you’ve already been fired to get your records in order.

Filing After Accepting Severance

In some cases, accepting severance may waive your right to sue, especially if the agreement includes a general release of claims. But not all severance waivers are enforceable, particularly if you signed under pressure or weren’t informed of your rights.

Let an experienced employment attorney review the document before making assumptions. You may still have legal options.

Statute of Limitations for a Wrongful Termination Claim

The statute of limitations for wrongful termination claims varies widely, depending on the type of claim, the location where the claim occurred, and the nature of the rights being violated. Some deadlines are tight, and missing one could bar you from recovery. If you’re unsure, speak to an attorney as soon as possible, as time isn’t always on your side.

What My Case Might Be Worth

There’s no one-size-fits-all answer, but potential damages in a wrongful termination case can include:

• Lost wages, including back pay and front pay
• Lost benefits, such as health insurance or retirement contributions
• Emotional distress and reputational harm
• Punitive damages, if your employer acted egregiously
• Attorney’s fees and costs

Every case is different, and your actual recovery depends on the facts: how much you were earning, how long you were unemployed, what your evidence shows, and whether your employer settles or goes to trial.

Common Employer Defenses and How We Push Back

Most employers won’t admit to firing someone for illegal reasons. They may argue:

• You were let go for poor performance
• Your position was eliminated due to restructuring
• You violated company policy
• You resigned voluntarily
• There’s no evidence of bias or retaliation

Our job is to challenge these narratives. We delve into internal communications, identify inconsistencies, interview witnesses, and apply the full weight of our resources. When companies attempt to rewrite history, we uphold the facts.

Remote Work, COVID-19, and New Challenges

The pandemic reshaped how and where people work. Unfortunately, it also introduced new opportunities for employers to discriminate or retaliate under the guise of "COVID-related changes."

Were you fired after requesting accommodations for a disability? Let go while working remotely without cause? Terminated shortly after reporting health or safety violations? These situations may constitute wrongful termination, even if they’re wrapped in pandemic-era language.

Whistleblower Protections in New York

Employees who report illegal activity, whether internally or to authorities, are protected under state and federal whistleblower laws. This includes exposing fraud, tax evasion, unsafe work conditions, and violations of wage and hour laws.

If you were fired after speaking up, you may be entitled to reinstatement, back pay, and damages for emotional harm.

Do I Need a Contract to Sue?

While breach of contract is one basis for wrongful termination, many successful claims involve statutory violations, such as discrimination or retaliation, where a contract is not required. However, if you do have a written agreement or handbook with termination terms, that can further strengthen your case.

Contact a Wrongful Termination Lawyer in New York

Being fired unfairly can turn your life upside down, professionally, financially, and emotionally. But you don’t have to face it alone.

At Morgan & Morgan, we fight for workers who were silenced, punished, or pushed out for all the wrong reasons. We have the resources to take on even the largest corporations, and we don’t back down. If you think your termination may have been unlawful, let’s talk. Schedule a free case evaluation today. Remember, The Fee is Free® unless we win.