For an employee, few things can be more emotionally distressing than wrongful termination. It’s a situation where you might find yourself stripped off your job security, financial stability, and professional dignity – for no fault of your own.
If you believe that you have been wrongfully terminated, you have every right to hold your employer accountable. At Levine & Blit, we have decades of experience in handling wrongful termination lawsuits and have helped countless employees get justice and restitution over the years. Contact us today to discuss your situation with our trusted New York wrongful termination lawyers.
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What Constitutes Wrongful Termination in New York?
Under New York law, wrongful termination occurs when an employer dismisses an employee in violation of state or federal laws, employment contracts, or public policy. Common examples of wrongful or unlawful termination in New York include:
- Terminating an employee on the basis of their race, ethnicity, gender, age, disability, sexual orientation, religion, national origin, or any other protected characteristic
- Terminating an employee in retaliation for engaging in legally protected activities like reporting workplace discrimination, harassment, safety violations, and more
- Terminating an employee in violation of the terms of their employment contract
- Terminating an employee for taking leave under the Family and Medical Leave Act (FMLA) or New York State Paid Family Leave (NYS PFL)
- Terminating an employee for serving time on a jury, exercising their voting rights, or taking time off for military service
It’s necessary to highlight that New York is an at-will employment state. It means your employer can terminate you for any reason – even if it seems unfair. This may seem controversial but if it wasn’t for this law perhaps they would not have hired you in the first place because according to them – they must remain competitive with other businesses in America and even outside of it. Imagine running a business and not being able to get rid of someone who wasn’t a team player, for instance. Moreover and under New York law, a termination can be considered wrongful only if it violates state or federal law or the terms of your contract with your employer.
Wrongful Termination Laws in New York
Workers in New York are protected against wrongful termination through various state and federal laws. These include:
- New York State Human Rights Law (NYSHRL)
- New York City Human Rights Law (NYCHRL)
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Family and Medical Leave Act (FMLA)
- New York Paid Family Leave (PFL)
- New York Labor Law
How the Experienced New York Wrongful Termination Attorneys at Levine & Blit Can Help You
Case Evaluation
We will assess the details of your case, examine the circumstances under which you were terminated, and determine whether it can be considered wrongful.
Gathering Evidence
We will collect all the relevant evidence to support your claim – including documentation of discriminatory or retaliatory practices, witness statements, performance evaluations, employment contracts, and more.
Negotiations
We will negotiate with your employer or their legal representatives on your behalf in order to obtain a settlement without going to court.
Filing a Complaint
If negotiations do not lead to a satisfactory outcome, we will help you file a complaint with the New York State Division of Human Rights, New York City Commission on Human Rights, or the Equal Employment Opportunity Commission – depending on the specifics of your case. We will guide you through the administrative process and represent you throughout the proceedings.
Filing a Wrongful Termination Lawsuit
If administrative proceedings do not yield a satisfactory resolution, we will file a wrongful termination lawsuit against your employer. We’ll build a compelling case, provide strong legal representation in court, present evidence, and make persuasive arguments to maximize the chances of a successful outcome.
Ensuring Compliance
Once a resolution is reached, we’ll make sure your employer complies with the terms of the agreements, court orders, or any other resolutions. We’ll monitor the implementation of all agreed-upon terms to safeguard your rights.
Types of Evidence We will Collect to Prove Wrongful Termination in New York
The experienced New York wrongful termination attorneys at Levine & Blit will collect a wide range of evidence to support your claim and establish your employer’s fault. These include:
- Detailed records of incidents related to termination – including dates, times, locations, and descriptions of what occurred.
- Emails, memos, and other written communications related to your job performance, interactions with colleagues, or complaints you made about workplace issues.
- Screenshots or copies of text messages, social media posts, and other communications that demonstrate discriminatory or retaliatory behavior on the part of your employer.
- Statements from colleagues, supervisors, or other individuals who witnessed the discrimination, sexual harassment, or retaliation you were subjected to.
- Copies of your performance reviews and evaluations, which can demonstrate your competency and professionalism.
- Personnel files, employment contracts, offer letters, and any other written documents that outline your job responsibilities, terms of employment, and company policies.
- Copies of the company handbook, policies, and procedures – especially those related to disciplinary actions and termination.
- Records of complaints you made with the HR department or management regarding workplace discrimination, harassment, or any other unlawful activity.
- Comparative evidence showing that other employees in similar situations were treated differently and were not terminated for comparable reasons.
- Medical records and doctor’s notes (if your termination was related to medical leave or disability).
- Your own testimony.
Compensatory Damages Our New York Wrongful Termination Attorneys Can Recover For You
Depending on the specific circumstances of your case, we might be able to recover the following damages.
Back Pay – It refers to the wages and benefits you would have earned from the date of termination until the date of the judgment or settlement.
Front Pay – It refers to the compensation for future lost wages and benefits that you stand to lose as a result of the wrongful termination. It’s typically awarded in cases where reinstatement is not possible.
Lost Benefits – It refers to the value of benefits such as health insurance, retirement contributions, stock options, and other perks that you would have received if you had not been terminated.
Non-Economic Damages – It’s the compensation offered for the non-economic losses you suffered due to the wrongful termination. It can include emotional distress, pain and suffering, and damage to reputation.
Reinstatement – If the court decides that reinstating you to your former position is appropriate and feasible, you will be reinstated to your previous job with all the associated rights and benefits.
Attorney’s Fees and Legal Costs – It refers to your attorney’s fees and the costs associated with your lawsuit, which the court might order your employer to pay you.
Apart from this, in cases of egregious misconduct or violations by the employer, the court might decide to punish them by awarding punitive damages to the employee.
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Consult with Our New York Wrongful Termination Attorneys Today
If you have been wrongfully terminated from your job, do not suffer in silence. The experienced and dedicated wrongful termination attorneys at Levine & Blit are here to fight for your rights and help you seek justice. With an in-depth understanding of New York and federal employment laws and a proven track record of success in wrongful termination cases, we are best equipped to handle your claim.
Call us today at 646-461-6838 or get in touch with us online to schedule a free consultation with a knowledgeable New York State wrongful termination lawyer.