New York follows the at-will employment doctrine, which means that, in most cases, an employer can fire an employee at any time and for any reason—or even for no reason at all—without prior notice. Similarly, employees have the right to resign at any time without providing notice. In relation to this, there are exceptions to at-will employment where termination may be considered wrongful under state and federal laws. An experienced wrongful termination lawyer in NYC can strongly represent you in these cases and fight for the highest possible compensatory damages for you.
👉Also Read: How Much Can You Claim for Wrongful Termination Against Your Employer in New York City?
Exceptions to At-Will Employment: When Firing Without Notice is Illegal
While employers generally have the right to terminate employment without notice, several important legal protections prevent wrongful terminations in New York. Employees may have grounds for legal action if they were fired in violation of the following laws:
Termination in Violation of Anti-Discrimination Laws
Firing an employee based on race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, or genetic information is illegal under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law (for employees within NYC). If an employer fires an employee for discriminatory reasons, the termination is unlawful, even in an at-will employment setting.
Retaliation for Exercising Legal Rights
New York employers cannot fire employees for engaging in legally protected activities, including:
- Reporting workplace discrimination or sexual harassment
- Filing complaints regarding wage violations under the Fair Labor Standards Act (FLSA)
- Whistleblowing illegal activities or unsafe work conditions
- Taking FMLA leave (Family and Medical Leave Act)
- Requesting a reasonable accommodation for a disability. If an employee is fired in retaliation for these actions, they may have a wrongful termination claim under federal and state laws.
Breach of Employment Contract
If an employee has a written employment contract guaranteeing job security for a specific period, the employer cannot legally fire them without adhering to the contract’s terms. This applies to high-level executives, professionals, and employees covered under union agreements with collective bargaining agreements (CBAs) that outline termination procedures.
Violation of Public Policy
Employers can’t terminate employees for reasons that violate public policy in New York, such as:
- Serving on a jury
- Refusing to engage in illegal activities at the employer’s request
- Voting in an election
- Reporting workplace safety violations under OSHA (Occupational Safety and Health Administration) regulations
👉Also Read: Legal Obligations of New York Employers When Terminating Employees
Do Employers Have to Give Notice of Termination in New York?
Federal and State Notice Requirements
While New York does not require employers to provide individual notice of termination to employees, certain mass layoffs and plant closures are subject to notice requirements under the federal WARN Act (Worker Adjustment and Retraining Notification Act) and the New York State WARN Act.
- Federal WARN Act: Requires businesses with 100 or more employees to provide 60 days’ notice before mass layoffs affecting at least 50 employees.
- New York State WARN Act: Applies to businesses with 50 or more employees and mandates 90 days’ notice before layoffs affecting 25 or more employees.
- If an employer violates these laws, affected employees may be entitled to back pay, continuation of benefits, and other compensatory damages.
Legal Remedies If You Were Wrongfully Terminated Without Notice
Wrongful termination means firing unlawfully when a valid employment relationship existed. If you believe your termination was unlawful, you may have several legal options, including:
Filing a Complaint with Government Agencies
- Equal Employment Opportunity Commission (EEOC): Handles discrimination and retaliation claims under federal law.
- New York State Division of Human Rights (NYSDHR): Investigates discrimination claims under state law.
- New York City Commission on Human Rights: Protects employees working within NYC.
- U.S. Department of Labor (DOL): Investigates wage violations and employer misconduct.
Filing a Wrongful Termination Lawsuit
With the help of a New York discrimination lawyer, a wrongfully terminated employee in at-will employment state may sue their employer for:
- Lost wages and benefits (back pay, front pay, health insurance, and retirement contributions)
- Emotional distress damages caused by wrongful termination
- Punitive damages if the employer engaged in egregious misconduct
- Legal fees and court costs
Steps to Take If You Were Fired Without Notice
If you were terminated without notice and suspect that your firing constitutes wrongful termination, follow these steps to strengthen your case:
- Gather Documentation: Collect termination letters, performance reviews, emails, or other workplace communications.
- Request a Written Explanation: Ask your employer for a written reason for your termination.
- Speak with Witnesses: Identify coworkers who may testify about discriminatory or retaliatory actions.
- Consult an NYC Wrongful Termination Lawyer: Legal counsel can help determine whether your firing was illegal and guide you through the claims process.
👉Also Read: New York Legal Experts Fight for Employee Rights in Wrongful Termination Cases
How Our New York Wrongful Termination Lawyers at Levine & Blit Can Help
At Levine & Blit, we aggressively advocate for employees who have been unlawfully terminated. Losing a job unexpectedly can be devastating, especially if your dismissal was unjust or in violation of employment laws. Our outstanding and dependable wrongful termination attorney team will fight for your rights and seek the maximum compensation available under New York law. Here’s how we can help:
Review Your Case for Legal Violations
Not all firings are wrongful, but many are illegal. Our New York wrongful termination attorneys will conduct a thorough evaluation of your termination to determine whether it involved:
- Breach of Employment Contract: If your employer violated the terms of your contract, we can hold them accountable for damages.
- Violation of Anti-Discrimination Laws: If you were fired due to your race, gender, religion, disability, or other protected characteristics under state or federal law, we’ll pursue legal action for employment discrimination.
- Retaliation for Exercising Legal Rights: Employers cannot fire employees for reporting misconduct, filing a complaint, or participating in a workplace investigation.
- Public Policy Violations: If wrongful termination occurs because of your refusal to participate in illegal activities or for whistleblowing, we will fight to ensure justice is served.
Find Evidence to Strengthen Your Case
Building a strong wrongful termination case requires substantial evidence. Our attorneys will help gather:
- Emails, Texts, and Memos: Any written communications that indicate wrongful termination, discrimination, or retaliation.
- Performance Reviews and Employment Records: Documents that contradict the employer’s justification for termination.
- Witness Testimonies: Statements from colleagues, supervisors, or HR personnel who can verify misconduct by the employer.
- Company Policies and Handbooks: To determine if your firing violated internal workplace policies.
- Prior Complaints or Lawsuits Against the Employer: To establish a pattern of wrongful termination cases.
Pursue Maximum Compensation
Wrongful termination victims can face significant financial and emotional hardships. Our lawyers aggressively fight for:
- Lost Wages: Compensation for the income you lost due to your wrongful dismissal, apart from reasonable attorney fees you may incur.
- Emotional Distress Damages: If your termination or illegal discrimination caused severe stress, anxiety, or damage to your reputation.
- Punitive Damages: In cases of extreme employer misconduct, we may seek additional damages under state and federal statutes to punish the employer.
- Reinstatement: If appropriate, our New York City wrongful termination lawyers may fight to have you reinstated in your former position.
Negotiate Enhanced Severance Packages
Even if your termination does not meet the legal standard for wrongful termination, we may still be able to negotiate a favorable severance package. Our attorneys will:
- Review Severance Agreements: Ensuring the terms are fair and that they don’t waive your legal rights unnecessarily.
- Maximize Financial Benefits: Negotiating for extended salary payments, benefits, and bonuses.
- Address Restrictive Clauses: Protecting you from unfair non-compete agreements that could limit future employment opportunities.
File Lawsuits & Represent You in Court
If negotiations fail, we are prepared to take your employer to court for unlawful termination. Our trial-ready attorneys have a track record of winning complex cases where an employee for fired for discriminatory or retaliatory reasons. Our legal team will:
- File Complaints with the EEOC and State Agencies: Pursuing claims under anti-discrimination and labor laws.
- Litigate in New York Courts: Presenting your case before a judge or jury to seek the justice you deserve.
- Handle Appeals: If necessary, we’ll continue the fight at the appellate level to ensure a just outcome.
If you believe you were wrongfully terminated, don’t wait to seek legal counsel. The sooner you act, the stronger your case will be. Contact Levine & Blit today for a free case evaluation, and let us fight for your rights and financial recovery.