If you suspect you were wrongfully terminated from your job, you might consider pursuing compensation from your employer. However, you’ll have to prove the termination was unlawful, which can be difficult.
An experienced NYC employment lawyer can help you build a strong case, prove that you were wrongfully dismissed, and fight to get you justice. Contact Joseph & Norinsberg online or call 212-227-5700 today for a free consultation.
How to Prove a Wrongful Termination Claim
The first step in proving a wrongful termination claim is preserving as much documentation as possible. That includes any notices or communications you have received regarding your termination, any messages or activity that led up to it, and any other relevant records or information.
Understanding your rights is crucial to proving wrongful termination. While most employers can dismiss workers for any reason, they cannot fire an employee based on protected characteristics like race, sex, or age. They also cannot terminate your employment in response to reporting illegal activity or for seeking benefits the worker is legally entitled to. To make a successful claim, you must tie your termination to one of these protected characteristics or activities.
Identifying the grounds your employer claims for the termination is also key. This can help you look for evidence undermining your employer’s reasoning. However, most employers are not required to give a reason for termination. In such a case, you’ll likely need an independent investigation to uncover the real reason for your firing.
The most important action you can take is to consult legal counsel. A skilled employment law attorney can ensure you have enough information and evidence to prove wrongful termination and pursue the compensation you deserve.
What Evidence Do You Need to Prove Wrongful Termination?
Save any communications leading up to or describing your termination, and take thorough notes of any related incidents. Requesting your personnel file might also help you find information that can corroborate your claims.
Your employer is unlikely to directly admit to discriminatory behavior, so finding circumstantial and comparative evidence will be crucial to building your case. You can supplement your notes by collecting witness statements from co-workers or analyzing previous incidents to show a larger pattern of discriminatory actions your employer took.
If you signed an employment contract when you were hired, obtain a copy to look for terms the company may have violated.
Examples of Wrongful Termination in the Workplace
Targeting employees for firings or layoffs based on sex, race, age, disability status, or other protected characteristics is considered wrongful termination. Terminating an employee in retaliation for exercising legally protected labor rights also qualifies. Examples of wrongful termination include retaliation for:
- Filing a labor law or whistleblower complaint
- Filing a workers’ compensation claim
- Legal activities outside of work hours
- Participating in union-related activities
- Taking leave to which you’re entitled under the Family and Medical Leave Act, or FMLA
- Attending jury duty
- Taking sick leave to which you’re entitled under New York laws
What are Employee’s Rights in Wrongful Termination Cases?
Federal laws like the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act protect workers from wrongful termination based on protected characteristics. New York also has state discrimination laws, including the New York State Human Rights Law.
These laws give you the right to equal opportunity and treatment at work and protection from harassment and retaliation for certain activities. You also have the right to legal counsel with an employment lawyer to help you understand your options and make informed decisions.
The U.S. Equal Employment Opportunity Commission, or EEOC, enforces federal employment discrimination laws. Government agencies can help resolve retaliation claims involving different types of protected behavior, such as the New York State Department of Labor for making labor law complaints or the National Labor Relations Board for participating in union activity.
How Can a Lawyer Help in a Wrongful Termination Claim?
A skilled employment law attorney can help protect your rights and fight for compensation if you’ve been wrongfully terminated. Your lawyer will use their experience and skill to find convincing evidence and build a strong case.
With more than 75 years of combined experience in employment law, our team at Joseph & Norinsberg knows how to get results. We meticulously prepare our cases and work hard until we get justice for our clients.
In a pair of notable recent cases, Managing Partner Bennitta Joseph secured million-dollar wins for hospital and school workers who claimed they were wrongfully terminated.
Contact Joseph & Norinsberg For Your Employment Law Cases
If you’ve been let go from your job and are considering a wrongful termination claim, don’t wait. Let our highly skilled, tenacious employment lawyers work to prove your case and win you the compensation you deserve.
Contact us online or call 212-227-5700 today for a free consultation.
