Wrongful Termination

For those who believe they may be a victim of an illegal layoff or wrongful termination, NY is a state that considers several different criteria to determine whether you have legal recourse. In general, there is no standard “wrongful termination” claim. Rather, a termination is “wrongful” when it is done for certain illegal reasons. Wrongful termination in New York is highly dependent on several factors, including the location of one’s former employment.

The New York State Human Rights Law (the “NYSHRL”) provides more protection than its federal counterpart, and prohibits termination influenced by one’s age, race, creed, color, national origin, sexual orientation, military status, sex (including sexual harassment), disability (including pregnancy), predisposing genetic characteristics, marital status, or domestic violence victim status. Generally, anyone working in the State of New York is protected by the NYSHRL.

Those working or living in New York City have additional protections under the New York City Human Rights Law (the “NYCHRL”), often described as one of the most expansive anti-discrimination laws in the country. In addition to the protected classifications above, the NYCHRL also prohibits terminations based on one’s alienage or citizenship status, gender identify, pregnancy, partnership status, arrest or conviction records, unemployment status, and even credit history.

For example, wrongful termination based on sexual harassment is illegal. This covers events in which an employee suffers retaliatory action (like being terminated) when they deny sexual advances. In the same vein, wrongful termination can based on one’s disability or pregnancy, and even on an employer’s refusal to grant you any reasonable accommodations you may need to do your job during this time.

Just because your employer does not mention one of the protected traits above in the termination process does not mean you do not have a claim. Certain “suspicious” circumstances in a termination can raise an inference of unlawful discrimination and be actionable. Such suspicious circumstances can be where only members of one racial group or gender are terminated. In addition, it is also illegal in most instances to be terminated for complaining about being a victim of what you honestly believe is discrimination or harassment. This is known as retaliation.

New York State and New York City Human Rights Law also protect employees who report illegal activities (known as “whistleblowers”) and are fired in retribution.

If you are considering suing for an illegal layoff or wrongful termination, NY or in NYC, you should contact wrongful New York termination lawyers to assist you in the matter. Wrongful termination claims often carry with them complex procedural choices and hurdles, some of which need to remain confidential. In addition, New York termination lawyers will assist you in ensuring you do not inadvertently hurt your case after the termination, such as by failing to actively seek reemployment and mitigate your damages.

To determine whether you have a valid claim for wrongful termination, NY residents can consult with a New York wrongful termination lawyer. Contact the experienced wrongful termination lawyers at Fitapelli & Schaffer, LLP for a free case consultation.