The majority of employees in New York are considered to be employed at-will. Employment at-will means an employer can fire or terminate an employee without having to establish just cause or a reason for said termination. With all that being said, an employee can never be fired for an illegal reason such as discrimination or retaliation. When an employer releases a worker from employment in violation of that worker’s federal, state or city rights, wrongful termination occurs. Illegal reasons for firing an employee include discrimination based on age, race, religion, nation of origin, disability, gender or sexual orientation, or retaliation for having performed a lawful, protected act. An employer who terminates a worker in violation of a civil rights law may be liable for lost wages and other damages.
The employment attorneys of Risman & Risman, P.C. pursue wrongful termination claims on behalf of workers in the New York City area. If you believe you have been unlawfully fired, we are here to prevent this injustice from going unchecked.
PROTECTIONS AGAINST WRONGFUL TERMINATION
New York employees are protected in their employment by a myriad of laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act and the Pregnancy Discrimination Act at the Federal level, and various New York State laws, including the New York State Human Rights Law, and the New York City Human Rights law at the city level. This body of laws creates protected classes of individuals under discrimination laws, as well as specifically prohibiting practices regarding termination of employment.
In general, employment related decisions, including termination, are unlawful under Federal, New York State and New York City law if they are based on an individual’s:
- Religion or creed
- Sex (gender)
- Sexual orientation
- National origin
- Age (40 or older)
- Military status
- Domestic violence victim status
In addition, it is unlawful to fire a worker:
- In violation of a valid contract
- For filing a workers’ compensation claim
- For filing or otherwise participating in a complaint or investigation under any Federal, New York State or New York City civil rights law (workplace retaliation)
- As a means to avoid paying a bonus, benefits or other compensation the employee has already earned
- As a means of intimidating other employees
- For reporting a whistleblower complaint
- For reporting a dangerous/hazardous work condition (OSHA)
CONTACT A SEASONED AND QUALIFIED WRONGFUL TERMINATION ATTORNEY
If you believe you have been fired from a job unjustly, the attorneys of Risman & Risman, P.C. are here to help you. You may be protected from termination by civil rights laws or other city statutes, state statutes or federal regulations. Our attorneys can ensure your rights are protected and that you are compensated if you have been treated illegally.
The wrongful termination attorneys of Risman & Risman, P.C. are eager to discuss your concerns with you. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.