Being fired from your job can be devastating, but when your termination is unjust or illegal, it’s even more frustrating. Wrongful termination occurs when an employer fires an employee for unlawful reasons, such as discrimination based on race, gender, or age, retaliation for reporting misconduct, or breach of contract.
Knowing your rights as an employee in New York City is crucial. You don’t have to accept wrongful termination without a fight. By understanding the signs of wrongful termination and taking the right steps, you can challenge your unfair dismissal and seek justice.
Recognizing Wrongful Termination
Identifying wrongful termination can be tricky, but there are several red flags to watch out for. Here are some common signs:
- Discrimination—If you were fired based on race, gender, age, religion, disability, or any other protected characteristic, it’s likely wrongful termination. Employers must treat all employees fairly and cannot use these factors as grounds for dismissal.
- Retaliation—Were you let go after reporting illegal activities, safety violations, or misconduct within the company? Terminating employees for whistleblowing or participating in an investigation is prohibited.
- Contract Violations—Review your employment contract. If your termination violates the terms outlined, such as firing without proper notice or disregarding outlined disciplinary procedures, it may be wrongful.
- Constructive Discharge—If your work environment became so intolerable due to harassment or discrimination that you felt forced to resign, this could be considered wrongful termination.
By recognizing these signs, you can better understand whether your termination was lawful or if you have grounds to challenge it.
Steps to Take After Wrongful Termination
Taking immediate action is crucial if you believe you’ve been wrongfully terminate:
- Collect Evidence: Gather all relevant documents, including emails, performance reviews, and written communication with your employer. Note any conversations or incidents that support your claim, along with the dates and names of people involved.
- Review Your Employment Contract: Carefully read your employment contract and company policies to understand your rights and any potential breaches by your employer.
- Report the Incident: If applicable, file a complaint with your company’s HR department or higher management. You may also consider filing a complaint with administrative agencies like the NYC Commission on Human Rights or the Equal Employment Opportunity Commission (EEOC).
Lastly, seek legal advice to evaluate your case and understand your options. An experienced attorney can guide you through the process and help you build a strong case.
Legal Strategies for Fighting Wrongful Termination
When facing wrongful termination, having a solid legal strategy is essential. An experienced employment law attorney can provide invaluable advice, help you understand your rights, and explore your legal options.
Filing a Lawsuit
Your attorney will help you file a complaint in court, presenting evidence to support your claim of wrongful termination. Lawsuits can result in various outcomes, including financial compensation for lost wages, reinstatement to your job, or a settlement agreement.
Alternative Dispute Resolution
Employment-related disputes can often be resolved through methods of alternative resolution, including:
- Mediation—A mediator helps both parties reach a mutually agreeable solution without going to court. This process is often quicker and less adversarial.
- Arbitration—An arbitrator hears both sides and makes a binding decision. This can be a more streamlined and private alternative to a courtroom trial.
Professional legal guidance ensures you have the best support throughout this challenging process.
Fight Back Against Wrongful Termination
Facing wrongful termination can be daunting, but you don’t have to go through it alone. At Lipsky Lowe, we’re here to help you fight for your rights and achieve the justice you deserve. Contact us today for a free consultation and take the first step toward reclaiming your career.
About the Author
Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.
