June 8, 2023

What is Considered Wrongful Termination?

Wrongful termination is the illegal firing or termination of an employee’s employment contract for reasons that violate local, state, or federal laws. Such illegal reasons could include discrimination, retaliation, breach of contract, and more.

In New York, employees are protected from wrongful termination or dismissal. Both federal and state laws protect workers from being fired on discriminatory grounds, such as gender, age, race, and national origin.

Workers are also protected against wrongful termination for things like medical leave or jury duty. If you are a victim of wrongful termination, you should contact a lawyer for legal advice and guidance. Your attorney will review the facts of your case and advise you on your legal options.

How Does New York State Determine Wrongful Termination?

If you believe you have been wrongfully terminated from your job, you may have a right to pursue a wrongful termination claim in New York. This is especially true if the termination occurred due to the following reasons:

  • Race
  • National Origin
  • Sex
  • Religion
  • Age
  • Disability
  • Sexual Orientation 
  • Gender Identity 

This means that you might have a claim for wrongful termination if the dismissal was based on the reasons mentioned above. You may also have a valid claim if you were fired in retaliation for exercising your legal rights or in breach of your employment contract.

Additionally, there may be a claim if your employer acted in an intentionally harmful way. To bring a valid wrongful termination claim, you must prove that you were fired for an illegal reason and suffered some damage as a result.

What Should I Do If I Face Wrongful Termination?

If you believe you have been terminated on suspicious grounds, the first step is to ask your employer for a written letter for the termination. Then consult a New York employment lawyer to protect your rights and discuss your legal rights.

An attorney can help you determine if you have a valid claim and will advise you on the best course of action. They will even help you pursue the compensation you may be entitled to for lost wages and other damages.

The time limit for filing a wrongful termination claim in New York is 300 days, according to the Equal Employment Opportunity Commission (EEOC) and the City’s Human Rights Law. Your attorney can work with you to ensure everything is in order and you beat the deadline.

Get in Touch With Our New York Employment Attorneys

Dealing with a wrongful termination case can be overwhelming. Fortunately, you don’t have to walk the process alone. The legal team at Mizrahi Kroub LLP is committed to protecting the rights of New York workers and will aggressively pursue justice on your behalf.

Contact us online for a free consultation or call (212) 595-6200 to speak with one of our New York employment attorneys.

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