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New York Wrongful Termination
If you’ve recently been let go by your employer, you might be wondering whether your dismissal is grounds for legal action.
In New York State, most firings are lawful. That’s because New York is an “at-will” employment state, meaning an employer can terminate an employee at any time, for almost any reason.
The key word is almost. If the reason for your firing was illegal, you can file a wrongful termination lawsuit against your former employer. Here’s what you need to know.
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What Is Wrongful Termination?
Unless you’ve been warned about your performance, chances are your termination came out of left field. But just because it was unexpected doesn’t mean it was unlawful.
For a firing to meet the standard for wrongful termination, it must violate federal or state law. If it does, you may be able to recover damages including:
- Lost pay
- Lost benefits
- Emotional distress
- Punitive damages
What Are Some Examples of Wrongful Termination in New York?
Because New York is an at-will employment state, employers have significant leeway in decisions to terminate employees. However, certain dismissals may rise to the level of wrongful termination. For example:
- Discrimination: Federal and state laws prohibit employers from terminating employees on the basis of protected characteristics such as race, religion, age, and disability.
- Retaliation: It’s illegal for an employer to fire an employee in retaliation for taking measures such as reporting discrimination, complaining about safety violations, or speaking up about fraud.
- Breach of Contract: If you have a contract promising you employment, your employer can’t fire you without cause.
- Leave: The Family and Medical Leave Act (FMLA) affords eligible employees up to 12 weeks of unpaid, job-protected time away for serious health conditions of their own or an immediate family member.
Contact Morgan & Morgan
If you believe you’ve been wrongfully terminated, contact Morgan & Morgan’s New York attorneys. Our legal team may be able to help you recover compensation in a difficult time.
Morgan & Morgan has been recognized for filing more labor and employment cases than any other firm, including those involving wrongful termination. We pair this experience with vast resources and a personalized approach to helping our clients.
There’s no risk to you: It costs nothing to hire us and we get paid only if you win. So contact us for a free case evaluation now.