Executive Summary:New York is an at-will employment state; however, terminations based on discrimination, retaliation, or breach of contract may be unlawful. If you think you were the victim of an unlawful termination, here is what you need to know: understand you have rights, document what happened and seek legal guidance to determine if the termination was illegal.
It is worth understanding what wrongful termination looks like in New York; not every firing is illegal. New York is an at-will employment state: employers can fire workers for any reason, or no reason at all. The exceptions are what matter most. If your termination involved discrimination, retaliation, or breach of contract, your termination may be an exception. If your termination reason falls into one of these exceptions it is not a valid at-will termination and you may have a legal claim.
1. Ask yourself, Were You Terminated for a Protected Reason?
If you believe you were terminated because of your race, gender, age, disability, sexual orientation, national origin, religion, or another protected characteristic you were not legally terminated. Further note you cannot be terminated for reporting harassment, requesting medical leave, filing a workers’ compensation claim, or acting as a whistleblower (exposing illegal action by your employer).
If your answer is yes I was terminated for a protected reason, document it carefully. What is required to document something carefully? Think about the following: What happened? When did it happen? Who was involved in the surrounding circumstances? It is important to remember even if your employer gave a legal reason for terminating you, timing, and patterns matter. For example, context matters so if you were fired soon after making a complaint or requesting accommodation, it might not be a coincidence.
2. Did You Have an Employment Contract?
Workers with employment contracts, written or implied, outline specific conditions for termination which are enforceable. Did your offer letter or employee handbook profile progressive discipline or say that you could only be terminated for cause? If the answer is yes, then such statements could be binding on your employer.
You may be owed final wages, unused vacation pay, or commissions. Employers must always follow New York labor laws when issuing the final paycheck and closing out benefits.
3. What Should You Do Next?
If you think your firing was illegal, seek legal guidance. Understand there are deadlines to file complaints with the Equal Employment Opportunity Commission or the New York State Division of Human Rights. Once the deadline has passed you may be barred from making a claim. Most important: Save emails, texts, performance reviews, and any other information that might support your case.
It helps to speak with a lawyer who can review the facts and help you understand your options. In some cases, a respectful demand letter can lead to a settlement or correction without going to court.
If you think your termination was illegal, Rodriguez-McCloskey PLLC will review the facts with you and help you explore your next steps. Contact us today
