States have different laws when it comes to wrongful termination. Some states are considered “at-will” states, which means employers can terminate employees for no reason, as long as it’s not illegal. The definition of wrongful termination is being laid off or fired for illegal reasons. If you believe this is the case with your situation, speaking with an employment lawyer in NYC should be the first step you take. However, knowing what classifies as a wrongful termination may provide you with some clarity as well before even speaking with an NYC law firm.
Forms Of Wrongful Termination
There are various forms of wrongful termination, and it’s important to understand which category your situation falls under to know whether you have a strong case. Some of the most common forms of wrongful termination include:
- Harassment – employees can quit their job if they endure harassment, and they still may have a wrongful termination lawsuit depending on the specific situation.
- Discrimination – employees are protected from being fired if the decision is based solely on their race, religion, sex, ethnic background, disability, age, pregnancy, or other conditions.
- Retaliation – employees cannot be fired for reporting illegal activities their employer is engaging in.
- Refusing to Perform a Criminal Act – employees cannot be fired if they refuse to perform a criminal act, and the employer suggests their job is at stake by refusing to perform the act.
- Breach of Contract – the employment contract is a critical component of a wrongful termination lawsuit, so ask a lawyer in New York to read over it for you.
- Violating Civil Rights Statutes – employees cannot be fired for doing things like voting, taking medical leave, jury duty, and military duty.
What Does Not Qualify As Wrongful Termination
Sometimes the lines of wrongful termination can be blurry. The most common reasons why an employee gets fired and does not classify as wrongful termination include:
- Being late to work repeatedly
- Refusing to sign non-disclosure agreements or non-compete agreements
- Having personality disputes with co-workers or management
- Refusing to accept a different position or relocate
- Poor performance
- Mass layoffs, workforce reduction, or the business fails
Speak With An Experienced Lawyer When In Doubt
If you believe you have a wrongful termination case, be sure to reach out to a lawyer in New York right away. You may have had specific terms in your employment contract that need to be evaluated thoroughly by an employment lawyer in NYC. Being a victim of wrongful termination can be devastating to you and your family’s finances, so it’s important to pursue a lawsuit if you have a strong case. You may be entitled to receive compensation and damages as a result.
Gordon & Gordon is here to help you decide whether you have a wrongful termination lawsuit to pursue. We have consistently been a top NYC law firm for many years and have a vast amount of experience protecting employees from discrimination and other issues in their workplace. We are always available and willing to schedule a free consultation to review your case, so contact us today to get started.