Wrongful Termination Attorneys
New York is an at-will employment state. Simply put, this means that generally companies can hire and fire workers as they see fit; however, New York employers cannot hire and fire based on discriminatory or retaliatory reasons.
Under federal law (Title VII of the Civil Rights Act of 1964) and state law (New York State Human Rights Law (NYSHRL), employers can be held legally liable for wrongful termination, among many other adverse actions. If you believe that you were unlawfully terminated from your position, it is imperative that you consult with an experienced New York wrongful termination lawyer immediately.
What is Wrongful Termination?
Wrongful termination can take many different forms. It is generally defined as the improper firing of a worker in violation of an employment contract or federal or state law. For instance, if an employee is fired because of his/her race, the termination would be in violation of Title VII of the Civil Rights Act and therefore considered wrongful and illegal. If a woman is let go because she requested time off to care for her sick mother, her termination may be in violation of the Family Medical Leave Act (FMLA) and would, therefore, be wrongful and against the law. If an older employee is selected for layoff or reduction in force because of his age, the termination would be in violation of the Age Discrimination in Employment Act (ADEA) and would, therefore, be wrongful and illegal.
Types of Wrongful Termination
At Console Mattiacci Law, LLC, our New York wrongful termination attorneys are familiar with the many faces of wrongful firing. We have the skills and experience required to handle the full range of wrongful termination claims. Typically, the cases that we deal with fall into one of four categories:
● Discharge in Violation of Contract: Though New York is an at-will employment state, employers must uphold their ends of contracts. If an employer promises an individual continued employment so long as that individual does not commit certain indiscretions but then terminates that employee for no apparent reason, the termination could be considered a breach of contract. This is true even if the contract is verbal in nature.
● Discrimination-Based Termination: In the U.S., it is illegal to discriminate against a person based on a number of factors, many of which are outlined in both federal and state laws. Some such factors include sex, color, race, age, religion, national origin, disability, pregnancy, or sexual orientation.
● Termination in Retaliation: If an employer fires a worker because that worker reported them for illegal behavior, or because that employer attempted to exercise their rights under a certain law (including complaining of unlawful discrimination), the employer may be guilty of retaliation. Termination because of retaliation is illegal.
● Public Policy Violation in Wrongful Discharge Cases: In New York, employers cannot fire workers who refuse to carry out a duty or responsibility that is in violation of a clearly mandated public policy.
Console Mattiacci Law, LLC ǀ New York Wrongful Termination Lawyers
At Console Mattiacci Law, LLC, our committed team of New York employment lawyers is proud to advocate for the rights of workers. If you were a victim of wrongful termination, we are prepared to help you get justice. To set up a fully confidential review of your employment law claim, please do not hesitate to contact us today at 917-985-7761. Results may vary depending on your particular facts and legal circumstances.