How To Spot a Wrongful Termination in New York

 Living and working in New York, you might already know that it’s an “at-will” employment state, just like most other U.S. states. This means that, theoretically, either an employee or employer can end the employment relationship at any time and for any reason. However, this rule isn’t absolute. There are several key exceptions that make it illegal to fire an employee. If you think you’ve been wrongfully terminated in New York, it’s crucial to understand your rights and consider consulting with an attorney.

Exceptions to the “At-Will” Rule

New York law provides clear guidelines on what constitutes wrongful termination. The two main exceptions to the “at-will” rule are:

1. Contract or Union Protections: If you have an individual employment contract or are covered by a union collective bargaining agreement (CBA), you may be protected from arbitrary dismissal. Many CBAs, in particular, include provisions that require “good cause” for termination, meaning an employer must provide a valid reason for firing you.
2. Discrimination Based on Protected Characteristics: It’s illegal for employers in New York to terminate an employee based on protected characteristics. This includes factors such as race, gender, age, disability, sexual orientation, or any other characteristic protected under New York law. For instance, if you are fired because you are a person of color or a member of the LGBTQ+ community, you might have a case for wrongful termination.

Your Protected Activities

Beyond characteristics, New York also protects certain employee activities from serving as grounds for termination. Engaging in protected activities such as whistleblowing, participating in a union, volunteering for political causes (outside work hours), or fulfilling jury duty cannot legally be the reason for your dismissal. If you were fired shortly after engaging in any of these activities, it could be evidence of wrongful termination.

What to Do If You’ve Been Wrongfully Terminated

If you believe your termination was unjust or illegal, the first step is to consult with a knowledgeable wrongful termination attorney. An experienced attorney can help you file a complaint with the New York City Commission on Human Rights or the New York State Division of Human Rights. Depending on the specifics of your case, you might be entitled to damages, which could include reinstatement or even double or triple compensation.

Contact a New York Wrongful Termination Attorney Today

Being wrongfully terminated can be a traumatic experience, but you don’t have to navigate it alone. The dedicated team at Mansell Law, LLC, specializes in employment law and can help you understand your rights and pursue compensation. Contact us today for a free consultation and take the first step toward justice.

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