Losing your job is hard. However, when it happens for the wrong reasons, reasons that violate your rights, it’s not just frustrating; it may be illegal. At Gordon & Gordon, we help employees across New York stand up for their rights in cases involving wrongful termination, unlawful termination, retaliation, and discrimination in the workplace. In this article, we’ll help you understand what qualifies as wrongful termination, how to recognize the signs, and what you can do if you believe you were fired illegally.
What Is Wrongful Termination?
Wrongful termination, sometimes referred to as unfair dismissal, unjust termination, or unlawful termination, occurs when an employee is fired in violation of federal or New York employment laws, an employment contract, or public policy. Although New York is an at-will employment state, meaning employers can typically fire an employee for any reason or no reason, there are still clear boundaries under the law.
So, what is wrongful termination? You may have a case if your employer terminated you for any of the following reasons:
Workplace discrimination based on protected characteristics such as:
- Age discrimination
- Race discrimination
- Gender discrimination
- Disability discrimination
- Religious discrimination
- National origin discrimination
- Sexual orientation discrimination
- \Retaliation, such as:
- Whistleblower retaliation after reporting illegal activities
- OSHA retaliation for reporting unsafe working conditions
- FMLA retaliation for taking protected family or medical leave
- Breach of contract, including implied contracts
- Violation of public policy, such as firing someone for:
- Reporting criminal conduct
- Refusing to participate in illegal acts
- Taking time off for jury duty or military service
- Constructive discharge, where the work environment becomes so hostile that you feel forced to resign
Employee Protections Under the Law
Federal laws offer strong protections against wrongful termination, and New York has its own employment laws to protect workers as well.
Here are a few key laws that might apply:
- Title VII of the Civil Rights Act of 1964: Prohibits discrimination based on race, color, religion, sex, or national origin.
- Americans with Disabilities Act (ADA): Prohibits disability discrimination and requires reasonable accommodations.
- Age Discrimination in Employment Act (ADEA): Protects employees 40 and older.
- Family and Medical Leave Act (FMLA): Grants eligible workers up to 12 weeks of unpaid leave for family or medical reasons.
- Occupational Safety and Health Act (OSHA): Protects employees who report safety violations.
- New York Labor Code: Includes additional protections, including those against retaliation and discriminatory practices.
You may also have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) if your rights were violated.
How to Recognize Wrongful Termination
Many employees don’t realize their firing was illegal. Here are a few signs of wrongful termination to be aware of:
- You were fired after reporting illegal activity or filing a workplace complaint.
- You were terminated shortly after taking FMLA leave or requesting reasonable accommodation under the ADA.
- You were pressured to quit due to a hostile work environment or sexual harassment (constructive discharge).
- You had a written or verbal employment contract, and your termination violated its terms.
- You were told your job was eliminated, but then a younger, less qualified person was hired to replace you.
Each of these situations could point to legal grounds for termination that violate your employee rights.
What to Do If You’re Wrongfully Terminated
If you’re wondering what to do if you’re wrongfully terminated, here are the critical steps to take:
Document Everything
Keep a detailed record of all events leading up to your termination. Save copies of emails, performance reviews, text messages, and your termination notice. If possible, ask your employer to put the reason for your firing in writing.
File a Complaint
You may be required to file a complaint with the state agency or EEOC before taking other legal actions. This process can be time-sensitive, so don’t wait. The statute of limitations for filing with the EEOC is generally 180 days from the date of termination, but you may have up to 300 days in some situations.
Contact a Wrongful Termination Attorney
It’s crucial to consult a knowledgeable employment law attorney. At Gordon & Gordon, we can help you evaluate your situation, determine whether you were fired illegally, and guide you through your legal options.
Compensation You May Be Entitled To
If you were wrongfully terminated, you may be eligible for compensation, including:
- Back pay (lost wages and benefits)
- Front pay (future lost income)
- Punitive damages (if your employer acted with malice or reckless disregard)
- Emotional distress damages
- Legal fees and court costs
- Reinstatement or an alternative job placement
- Unemployment benefits, which may have been wrongly denied
Employers sometimes offer a severance agreement to avoid legal action. It’s essential to have an attorney review it to ensure you’re not giving up important rights.
Examples of Wrongful Termination Cases
To give you a better picture, here are some real-world examples of wrongful termination:
- A pregnant employee is demoted and later fired after requesting maternity leave; this may violate FMLA and gender discrimination laws.
- A factory worker is fired after reporting unsafe equipment to OSHA: clear signs of OSHA retaliation.
- An accountant is terminated for refusing to falsify financial records, possibly a public policy violation.
- An older employee with stellar reviews is suddenly replaced after their 60th birthday, which is potentially age discrimination.
- An employee is terminated after filing a workers’ compensation claim following an injury on the job, possible retaliation.
If any of these situations sound familiar, it’s time to seek legal advice.
Why Choose Gordon & Gordon?
At Gordon & Gordon, we have years of experience representing employees in employment disputes across New York. Our team understands the emotional and financial stress that comes with getting fired, especially when it’s unjust. We don’t just handle your case; we advocate for your dignity, your compensation, and your future.
We’re here to answer your questions, including:
- Can I sue for wrongful termination?
- How to prove wrongful termination?
- What are my rights after being fired?
- How long do I have to file a wrongful termination claim?
The answers depend on your unique situation, but we’re just a phone call away.
Know Your Rights
Being let go from a job is never easy, but being wrongfully terminated adds an extra layer of hardship. Understanding your employee protections under state and federal employment laws is the first step to standing up for yourself.
If you believe you’ve been fired illegally, don’t wait. Contact Gordon & Gordon, your trusted wrongful termination attorneys in New York, for a confidential case review. We’ll help you understand what to do if you’re wrongfully terminated and guide you every step of the way.