Wrongful termination – also referred to as wrongful discharge – occurs when you are fired or laid off in violation of your employment contract or in violation of state or federal law. It can happen due to discrimination, retaliation for exercising your legal rights, or breach of contract.
If you believe that you have been terminated unlawfully, you might be entitled to monetary compensation, reinstatement, and other benefits. At Levine & Blit, we have years of experience in handling wrongful termination claims and we know how to hold employers accountable for their unlawful actions. We can protect your rights and fight relentlessly to help you get the compensatory damages and other benefits you are entitled to.
Call us today at 646-461-6838 to schedule a free case evaluation with an experienced New York wrongful termination lawyer at our firm.
👉Also Read: New York Legal Experts Fight for Employee Rights in Wrongful Termination Cases
What Constitutes Wrongful Termination in New York?
Your termination can be considered wrongful and unlawful under the following circumstances.
Discrimination
If you are terminated based on your race, religion, sex, national origin, age, disability, or other protected characteristics, it can be considered wrongful termination.
Retaliation
If you are terminated in retaliation for exercising your legal rights like reporting workplace violations, whistleblowing, filing a complaint with HR, or participating in an investigation, it can be considered wrongful termination.
Breach of Contract
If there is an employment contract in place, and the termination violates the terms outlined in the contract, it can be considered wrongful termination.
Constructive Discharge
It occurs when your employer creates such a hostile or intolerable work environment that you feel compelled to resign. In this case, the resignation is treated as a termination, and if the conditions leading to it were unlawful, it can be considered wrongful termination.
Types of Evidence Our New York Employment Lawyers Can Collect to Prove Wrongful Termination by Your Employer
Employment Policies and Agreements: Employment contracts, offer letters, employee handbooks, company policies, and other documents that outline the terms and conditions of employment, performance evaluations, procedures for taking disciplinary actions, and termination.
Correspondence and Communications: Any emails, memos, letters, or other written communications between you and your employer relating to your termination – including any discussions or negotiations regarding performance issues, disciplinary actions, or reasons for termination.
Performance Evaluations and Reviews: Copies of performance evaluations, reviews, or feedback from supervisors or managers that demonstrate your job performance and refute any claims of poor performance as justification for termination.
Witness Testimony: Testimony from coworkers, supervisors, or other people who may have firsthand knowledge of the events leading up to your termination – including any discriminatory actions, retaliation, or violations of company policies.
Records of Discrimination or Retaliation: Any records or documentation of discriminatory treatment, harassment, retaliation, or other unlawful actions by your employer – including complaints filed with HR, internal investigations, or evidence of unequal treatment compared to other employees.
Timeline of Events: A chronological timeline of events leading up to the termination – including dates of relevant actions or incidents, meetings with supervisors or HR, and any changes in job duties or performance expectations.
Comparative Evidence: Any evidence that can demonstrate that other employees in similar situations were not treated like you or terminated, which can be used to establish disparate treatment or discrimination.
Filing a Wrongful Termination Lawsuit in New York
Wrongful termination lawsuits typically involve several steps, each of which is essential for building a strong case and pursuing legal remedies for the harm caused by the employer’s actions. These include:
Case Evaluation: We will conduct a thorough evaluation of your wrongful termination case to assess the strength of your claims, identify potential violations by your employer, and determine the most appropriate course of action.
Pre-litigation Negotiations: Before filing a lawsuit, we will attempt to resolve the dispute through pre-litigation negotiations with your employer or their legal representatives. This might involve sending a demand letter outlining your claims and proposed remedies and engaging in settlement discussions.
Filing the Complaint: If pre-litigation negotiations are unsuccessful, we will file a formal complaint in court. The complaint will outline the facts of the case, the legal claims being asserted, and the relief sought. The defendant (your former employer) will be served with a copy of the complaint and given an opportunity to respond.
Discovery: This is the process during which both parties exchange relevant information and evidence related to the case. Discovery may include requests for documents, written interrogatories, depositions, and other investigative methods.
Mediation or Settlement Discussions: Before trial, we might engage in mediation or settlement discussions with your employer. This offers an opportunity to resolve the dispute without the need for a trial and can lead to a mutually acceptable resolution.
Trial: If your case proceeds to trial, we will present the evidence, get witnesses to testify, make persuasive arguments, cross-examine opposing witnesses, and fight hard to achieve a favorable outcome for you.
What Does a Wrongful Termination Settlement Include in New York?
Federal and state wrongful termination laws allow you to seek various types of damages from your employer. These include:
Back Pay: Compensation for lost wages and benefits from the date of termination to the date of resolution or reinstatement.
Reinstatement: Reinstatement to your former position or comparable employment.
Front Pay: Compensation for future lost earnings and benefits resulting from the wrongful termination (if reinstatement is not possible).
Compensatory Damages: Compensation for emotional distress, mental anguish, pain and suffering, and other non-economic harm caused by the wrongful termination.
Attorney’s Fees and Costs: Compensation to cover your attorney’s fees and other legal costs incurred in pursuing the wrongful termination claim.
👉Also Read: How To Find A Wrongful Termination Attorney
Choose the Most Trusted Wrongful Termination Lawyers in New York to Fight For You!
At Levine & Blit, we know that being terminated unlawfully can impact you financially as well as emotionally. It can disrupt your livelihood, damage your reputation, and leave you feeling uncertain about your future.
Our New York wrongful termination attorneys are ready to fight fiercely to protect your rights and pursue justice on your behalf. We have extensive experience in resolving wrongful termination cases based on discrimination, retaliation, and employment contract violations. We can analyze the facts of your case, gather compelling evidence, file a wrongful termination claim against your employer, and get the compensation and other benefits you deserve.
Take the first step towards reclaiming your rights by contacting our law firm today. Our compassionate legal team is here to provide the guidance, support, and legal representation you need to get through this difficult time and achieve a favorable outcome.
To schedule a free consultation with a seasoned New York wrongful termination attorney, call us today or fill out our online contact form.