If you’ve been wrongfully terminated, you have options. There are many reasons why an employer can fire an employee, including the fact that your boss just doesn’t like you. However, when an unfair firing is based on discrimination, you may have a legal case.
Employment Law: Can I be Fired without Cause?
Good cause, bad cause, no cause. According to the top employment lawyers in the state, it’s easy to get fired in New York. Every U.S. state except for Montana sees working relationships as “at-will.”
In New York State, some public sector employees have firing protections under employment law. However, most private-sector employers are not required to have a good reason to discharge an employee.
Does your boss want to replace you with his son? He can do that. Your employer hates Virgos and decides to fire you and only hire Capricorns? Astrological discrimination isn’t on the employment law books just yet.
But this doesn’t mean that you can be fired for any reason.
Employment Lawyers Weigh in: What is Wrongful Termination?
According to the top employment lawyers at Littman and Babiarz serving clients in Geneva, Auburn, Ithaca, and Penn Yan, New York, there are reasons employers of any kind can’t fire you.
- Being fired for reasons that are covered under state or federal anti-discrimination employment law (e.g., race, pregnancy status)
- Being fired in breach of a written contract
- Being fired after being a “whistle-blower” against unethical practices
- Being fired in retaliation for filing a complaint against your employer
Employment law defines wrongful termination as the ending of employment for illegal reasons.
If you suspect that your employment ended for any of the reasons above, you should contact an employment attorney right away.
A good employment law attorney will be able to evaluate your case and determine if you have a fair shot at holding your ex-employer responsible for their actions.
You may be entitled to compensation for lost wages, lost benefits, and even emotional distress. In addition, the court may also award punitive damages (meant to punish the employer for wrongdoing).
There is no cap for compensatory or punitive damages in New York.
If your former employer has discriminated against you based on protected categories like national origin, religion, age, sex, or disability, this is a gross violation of employment law and your legal and civil rights.
Sexual orientation, military status, pregnancy status, race, and more are also considered protected categories under employment law.
Other Examples of Wrongful Termination
According to the best Geneva, NY, Auburn, NY, Ithaca, NY, and Pen Yan, NY labor law attorneys, these situations can constitute wrongful termination as well:
- Being fired for reporting sexual harassment
- Being fired for using FMLA
- Being fired for serving on jury duty
What Should I Do if I’ve been Wrongfully Terminated?
First, you should contact an experienced employment attorney immediately. Many people see this as a last resort, but waiting is precisely what your ex-employer wants you to do!
Victims of illegal discrimination in the workplace file complaints with the EEOC. You only have a limited amount of time to file a complaint for wrongful termination. There are many do’s and don’ts. This is why it’s crucial to have the support of an employment law attorney who knows how to win these types of cases.
The Littman & Babiarz law firm is an experienced law office with knowledge of wrongful termination. We provide knowledgeable representation to clients. If you need help with your wrongful termination case around Geneva, Auburn, Pen Yan, or Ithaca, New York, contact us Today!