Brooklyn Wrongful Termination Lawyer
Fighting to Hold Employers Accountable for Wrongful Termination
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.
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.
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 visit our website and fill out our free intake form 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 be against the law because New York and New Jersey are at-will employment states. However, wrongful termination occurs when an employee is fired illegally or violates 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” could vary by state. While many federal employment regulations protect against wrongful termination, state laws can differ significantly. For instance, New Jersey protects against “bad faith” firings even though New York does not. Since state laws vary and are complex, speaking with a wrongful termination lawyer in Brooklyn may be in your best interest.
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 or state law and what legal remedies may be available.
What is an At-Will Employment State?
Under New York state laws, employers and employees have the legal right to terminate their relationships for any reason or no reason. However, employers cannot terminate a worker illegally, violating an employee contract. Employees also have the right to quit at any time without giving their employers notice.
New York’s at-will employment laws have exceptions, such as discrimination. Federal and state laws prohibit employers from terminating employees based on protected characteristics, which include race, national origin, religion, sexual orientation, gender, religion, marital status, and age.
Employers are also prohibited from terminating employees who file formal complaints about discrimination, sexual harassment, workers’ compensation, or refuse to participate in illegal activities.
Employers must still give employees written notice of termination within five days of the termination date. The notice must provide information about when their employment and benefits will end.
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.
The Civil Rights Act of 1964 is a federal law that provides workers with legal protections. It safeguards employees who qualify as a protected class.
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 must 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.
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 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
Employers who terminate workers with a current contract are exempt from the at-will employment statutes. However, if an employer terminates an employee without just cause, 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.
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. However, all wrongly terminated employees can 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, 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.
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 NYC wrongful termination lawyer is the best way to ensure your rights are protected, and your voice will be heard. A wrongful termination lawyer is 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 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 Can Your Wrongful Termination Lawyer in Brooklyn Will Look Out for My Interests?
Both New York and New Jersey are employment states. 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 and state law, and depending on where you live, 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, agreeing 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 visit our website and fill out our free intake form, and our attorney will contact you as soon as possible.