In a perfect world, those who sufficiently perform their duties would hold onto their jobs as long as they wish to work for their employer. Employees and employers would always maintain a mutually beneficial and respectful relationship.

Unfortunately, this is not always how the real world plays out. There are times when hard workers may be fired for illegal reasons or even no reason. If you feel your rights have been violated, a wrongful termination lawyer in Brooklyn can help. Call 314-648-2586 to schedule a free consultation.

You can recover compensation for lost wages, benefits, and emotional distress, depending on the circumstances. In some instances, plaintiffs who have been wrongfully terminated may be able to recover punitive damages if their employers acted with reckless disregard for their legal rights. Our guide to damages in a New York wrongful termination lawsuit explains what may be available.

At Miletti Law P.C., our legal team has spent years handling employment law cases for workers and corporations. Our years of experience give us unique insight into the law and abundant relevant experience that can prove invaluable to your case. Being released from your job is never a desirable experience, but if your rights were violated in the process, you might have legal remedies available.

Please contact our law office to speak with an associate who will gladly schedule a free consultation with our Brooklyn wrongful termination lawyer. You can also fill out our free intake form on the contact page to schedule a consultation.

What Is Wrongful Termination in Brooklyn?

Many people believe that wrongful termination means getting fired for an unfair reason. For instance, it would sound horrible if a manager fired an employee because they liked a specific football team.

While this would certainly be unethical, it would not necessarily be against the law because New York is an at-will employment state. However, wrongful termination occurs when an employee is fired for an illegal reason or in violation of an employment contract.

Employers often claim that employees have violated the terms of their contract and can be terminated. Even if an employer claims you violated your employment contract, you may still be able to pursue legal action depending on the facts involved.

It should be noted that “illegal reasons” are defined by a mix of federal, state, and city law. Federal employment laws protect against wrongful termination, and New York State and New York City laws provide additional protections. Since these laws overlap and are complex, speaking with a wrongful termination lawyer in Brooklyn may be in your best interest. See how wrongful termination differs from at-will employment in New York.

If you are unsure whether your case meets the legal criteria for wrongful termination, you should consult with an attorney immediately. Employment law attorneys can determine whether your termination violated federal, state, or city law and what legal remedies may be available.

What Is At-Will Employment in New York?

Under New York law, employers and employees generally have the legal right to end their relationship for any reason or no reason. However, employers cannot terminate a worker for an illegal reason or in violation of an employment contract. Employees also have the right to quit at any time. For more detail, read what at-will employment means in New York.

New York’s at-will employment rule has exceptions, such as discrimination. Federal, state, and city laws prohibit employers from terminating employees based on protected characteristics, which include race, color, national origin, religion, sexual orientation, gender identity, sex, marital status, familial status, pregnancy, disability, age, and military status. Learn more about race discrimination, age discrimination, disability discrimination, pregnancy discrimination, gender discrimination, and religious discrimination.

Employers are also prohibited from terminating employees who file formal complaints about discrimination, sexual harassment, or workers’ compensation, who report illegal conduct, or who refuse to participate in illegal activities. Read more about being fired for reporting workplace harassment or discrimination in New York.

Separately, New York Labor Law § 195(6) requires employers to give employees written notice of the termination date and the date their benefits will end within five working days after termination. A missed notice is not by itself wrongful termination, but it can be a sign to look more closely at how the termination was handled.

Does New York City Have Laws That Protect Workers Against Wrongful Termination?

Even though New York is an at-will employment state, it has laws that protect workers from unlawful termination. The New York City Human Rights Law (NYCHRL) is similar to state and federal laws prohibiting termination based on protected characteristics. However, the NYCHRL goes one step further and prohibits employer retaliation. Too often, employers who are unhappy with workers fire them for simply trying to exercise their civil rights. See our overview of retaliation claims.

Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Other federal laws add protection for age (the Age Discrimination in Employment Act), disability (the Americans with Disabilities Act), and medical leave (the Family and Medical Leave Act). New York State also protects whistleblowers under Labor Law § 740. If you reported illegal conduct and were fired, speak with a whistleblower attorney.

Understanding the legal complexities associated with employment law can be challenging and should always be addressed by an experienced attorney. Anyone who believes their rights were violated should seek qualified legal representation immediately. Time is of the essence in wrongful termination cases, as evidence can disappear and witnesses can be challenging to locate. Deadlines also apply: for example, a charge with the Equal Employment Opportunity Commission (EEOC) is generally due within 300 days of the termination in New York, and other deadlines apply to state and city claims. Read about New York’s statutes of limitations on employment law claims.

Only a well-trained attorney can assess the facts in the case to determine if you can try to hold your former employer accountable for their actions.

Miletti Law P.C. understands the legal nuances of determining whether an employer has wrongfully terminated an employee and will examine your case closely to determine how we can help.

What Are Some Examples of Wrongful Termination?

Even though New York is an at-will employment state, wrongful termination still occurs. Even though employers can often fire employees without cause, some situations could lead an employee to file a wrongful termination claim, including:

  • The termination was discriminatory and based on protected characteristics such as race, skin color, national origin, or sexual orientation, to name a few
  • Terminating an employee due to their disability or their age
  • Terminating an employee in an attempt to deprive them of wages, bonuses, or other compensation
  • An employer terminates an employee in retaliation for protected activity such as filing a workers’ compensation claim, reporting sexual harassment, or reporting poor working conditions
  • Terminating an employee who is pregnant or one who requests medical leave. Read more about FMLA retaliation after a medical emergency and whether you can be fired for being sick

An employer that has agreed to a written employment contract that limits when an employee can be fired is not free to terminate at will. If an employer terminates an employee without just cause in violation of that contract, the employee could file a wrongful termination lawsuit. A pervasive, hostile work environment that makes it impossible for employees to perform their duties could also be considered wrongful termination if it forces the employee to quit, which is known as constructive discharge.

One of the most considerable benefits of hiring a wrongful termination lawyer is that they can assess your case to determine if the case meets the specific legal criteria to file a claim. Because of the strength of the state’s at-will employment laws, not all employee terminations are illegal, even if the worker has a valid contract.

What Rights Do You Have After Being Wrongfully Fired in Brooklyn?

You can seek damages if you have been wrongfully terminated from a job. Seeking damages is a legal form of financial compensation that courts can provide to plaintiffs. The damages in a wrongful termination case can vary significantly based on your unique circumstances. Depending on the claim, wrongly terminated employees may be able to seek the following:

  • Lost wages: You may be entitled to unpaid wages and other compensation that you lost due to being fired
  • Lost benefits: Financial compensation may be available for lost profit sharing, stock options, vacation time, and other benefits
  • Emotional distress: Not all damages are economic in nature. Companies may be held financially liable for emotional distress as well
  • Punitive damages: Courts may award additional damages to wrongfully terminated employees to punish a company and send a message to others not to repeat the same behavior

Remember that there may be caps on punitive damages depending on the law the claim is brought under, but it might also be possible to recover attorney fees in such a case. The critical thing to remember is that your situation is different from other cases. You need a legal professional who can investigate the issues, gather evidence, and use their extensive law knowledge to help in your case. At Miletti Law P.C., which is precisely what you get when you turn to us for help.

How Can You Prove Wrongful Termination in Brooklyn?

If you were wrongfully terminated from your job, you must provide evidence to file a successful lawsuit. It is not enough to simply say you were fired for an illegal reason.

You must convince a court that this is what happened. Keeping written records of events, conversations, and other incidents that could prove your case is the best way to do this. Starting to document evidence as soon as something feels amiss is a wise decision.

If you are worried about having little to no evidence, it does not mean you should not speak with a wrongful termination lawyer in Brooklyn. Circumstantial evidence can also serve as proof that an illegal firing occurred. For instance, terminating an employee one day after they report racial discrimination could serve as strong evidence that an illegal act occurred. You should never make assumptions about your case.

Seek legal advice immediately.

Although proving wrongful termination can be challenging, Miletti Law P.C. understands what it takes to get results. Our legal team has significant experience investigating such claims and will scrutinize the evidence to determine whether your rights were violated.

What Should You Do Right After Being Fired?

Why Should I Hire a Wrongful Termination Lawyer to Help Me With My Case?

No one likes the idea of being fired from their job, especially in today’s ever-changing economy. However, at-will employment laws complicate New York City and state guidelines and can be challenging to navigate without qualified legal representation.

Hiring a Brooklyn wrongful termination lawyer is the best way to ensure your rights are protected, and your voice will be heard. New York wrongful termination lawyers are familiar with state and local employment laws and will determine what legal strategies apply to your case.

A former employer may be more willing to negotiate when the employee has a New York wrongful termination lawyer acting as their legal advocate.

Your attorney can help you collect evidence and build a strong case to try and recover compensatory damages. Having an attorney can also relieve much of the stress of pursuing legal remedies. Your attorney can help you fill out and file legal paperwork, negotiate with the employer, and, if necessary, file a lawsuit to try and help you recover damages.

Our law firm recognizes that being wrongfully terminated can be overwhelming. We will use all available legal options to help you get the justice you deserve in your time of need.

Do Wrongful Termination Cases Have to Go to Court to Be Resolved?

Many clients worry that a wrongful termination case must be resolved in court. The NYC court system is well-known for being backlogged, and many individuals have to deal with significant waiting times to have their cases heard by a judge.

You can use Alternative Dispute Resolution (ADR) methods to avoid litigation if you have a valid wrongful termination claim. The two most common ADR methods include mediation and arbitration.

During mediation, a neutral third-party mediator facilitates an open dialogue between the parties to help them reach a mutual agreement. A mediator is not a judge and cannot make final decisions, but can offer suggestions on resolving issues.

Arbitration is similar to a court setting but faster and more economical than traditional litigation. Both parties present their side of the case, and the arbitrator makes a legally binding decision based on the evidence.

Although no specific law requires you to have an attorney present during mediation or arbitration, it is in your best interest to do so. An experienced wrongful termination lawyer will ensure your rights are protected and that your voice is heard.

How Will Your Wrongful Termination Lawyer in Brooklyn Look Out for My Interests?

New York is an at-will employment state. While this can place significant burdens on workers, it is essential to remember that this does not mean you can be fired for any reason.

You still have rights under federal, state, and city law, and you may have additional rights simply because of how an employment contract or handbook is worded. These are complex legal matters, so please consider seeking legal assistance immediately.

At Miletti Law P.C., you will work with a New York employment law attorney committed to helping you reach a positive outcome. In some cases, reaching a settlement with a former employer may be possible, but in other instances, heading to trial may be in your best interest.

And if you are an employer accused of illegal actions, you need an attorney to help you understand your options. A wrongful termination lawyer in Brooklyn can help you navigate this complex legal issue.

Call us today at 314-648-2586 to book a free consultation with our team, or use the intake form on our contact page, and our attorney will contact you as soon as possible.

How a New York Wrongful Termination Lawyer Can Help

Personalized Legal Guidance and Case Evaluation

When you hire New York wrongful termination lawyers, they will begin by thoroughly reviewing your employment history, termination circumstances, and any relevant documentation such as contracts, employee handbooks, and correspondence. This detailed evaluation helps determine if you have a valid claim under New York law or other applicable statutes.

Advocacy Throughout the Legal Process

Your attorney will guide you through every step of the legal process, from filing complaints with agencies like the Equal Employment Opportunity Commission or the New York State Division of Human Rights to negotiating settlements or representing you in court if necessary. They will advocate on your behalf to seek compensation for lost wages, emotional distress, and other damages.

Protecting Your Rights Against Discrimination and Retaliation

A skilled wrongful termination attorney understands the discrimination laws and protections afforded to employees under federal and state laws, including the New York City Human Rights Law. They will help ensure your employer does not violate your rights based on protected characteristics such as race, gender, age, disability, or military status. Explore our discrimination law practice for more detail.

Reducing Your Financial Burden

Being wrongfully terminated can impose a significant financial burden. Your New York wrongful termination lawyers can assist in recovering lost income, benefits, and even punitive damages if your employer acted with reckless disregard for your rights. This support can help alleviate the stress associated with job loss.

Confidential and Supportive Representation

At Miletti Law P.C., we recognize that wrongful termination cases often involve sensitive personal and professional issues. Our attorneys provide compassionate, confidential representation to protect your interests while respecting your privacy.

Timely Action to Preserve Your Case

Legal claims for wrongful termination have strict deadlines. A knowledgeable attorney will ensure you meet all filing requirements and deadlines, preserving your right to pursue justice without unnecessary delays.

Wrongful Termination FAQs

How long do I have to file a wrongful termination claim in New York? It depends on the claim. A charge with the EEOC is generally due within 300 days of the termination in New York, and different deadlines apply to claims under New York State and New York City law and to whistleblower claims. Because the deadline depends on the law involved, speak with an attorney as soon as possible. See New York’s statutes of limitations on employment law claims.

Can I sue if I was fired without a reason in New York? Not always. New York is an at-will state, so an employer can usually end employment without giving a reason. You may have a claim if the real reason was discrimination or retaliation, or if the firing violated a contract.

Can I be fired for reporting harassment or discrimination? No. Retaliation for reporting harassment or discrimination is prohibited under federal, state, and city law. Read can I be fired for reporting workplace harassment or discrimination in New York.

Should I sign a severance agreement? Review it with an attorney first. A severance agreement often asks you to give up the right to sue. See our guide to severance packages.

What if I was forced to quit? If an employer made working conditions intolerable because of a protected characteristic or protected activity, you may have a constructive discharge claim, which can be treated like a termination.

Can I collect unemployment after being fired? Often, yes, depending on the reason for the termination. See how to obtain unemployment insurance under New York law.

Contact Our New York Wrongful Termination Lawyers

Understanding your legal options begins with a free initial consultation. During this meeting, we will discuss your case, answer your questions, and outline potential strategies tailored to your unique situation. Don’t wait to seek help. Early legal intervention can make a crucial difference in the outcome of your case. Contact Miletti Law P.C. or call 314-648-2586 today.