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- New York employers generally have the right to fire employees at any time for any reason, except for certain unlawful reasons.
- A firing constitutes illegal wrongful termination in Brooklyn if it is based on a protected characteristic, is in retaliation for engaging in protected activity, or violates an employment agreement.
- Signs of wrongful termination can include inconsistent excuses, suspicious timing, and unfair targeting.
- Compensation for wrongful termination can include lost income, reinstatement, and damages for emotional distress.
- A trusted Brooklyn wrongful termination lawyer with Joseph & Norinsberg can help you hold your employer accountable and get justice.
Being fired is a stressful and uncertain experience in any circumstance. New York is an at-will state for employment, meaning you can be terminated from your job without warning at any time for almost any reason, except certain unlawful reasons. Impermissible reasons include discrimination based on a protected characteristic, retaliation for engaging in a protected activity, and violation of an employment contract.
If you suspect your firing may have been unlawful, the Brooklyn wrongful termination lawyers at Joseph & Norinsberg are here to listen to your story and determine if you have a valid claim. If so, they will investigate, gather evidence, and fight tirelessly for the outcome you deserve. Don’t suffer in silence. Contact us today for a free consultation.
Table of Contents
- What Is Wrongful Termination Under New York Law?
- Common Examples of Wrongful Termination in Brooklyn
- Signs You May Have Been Wrongfully Terminated
- What to Do After You Are Wrongfully Terminated in Brooklyn
- What Compensation Can You Recover for Wrongful Termination in Queens?
- How Legal Representation Can Strengthen Your Wrongful Termination Claim
- How a Brooklyn Workplace Retaliation Lawyer Can Help
- What Our Workplace Discrimination Clients Are Saying
- Get Help With a Wrongful Termination Case in Brooklyn
What Is Wrongful Termination Under New York Law?
A wrongful termination occurs when an employer fires or lays off an employee for specific, unfair reasons that violate New York law. No matter which of Brooklyn’s diverse industries and workforces you’re part of, your employer cannot legally fire you in an act of employment discrimination or in retaliation for reporting unlawful behavior.
A firing qualifies as employment discrimination if it is based on a protected characteristic like race, gender, age, disability status, religion, or pregnancy. New York law also protects workers from discrimination based on physical traits like weight.
Firing a worker in violation of an employment contract or collective bargaining agreement also qualifies as wrongful termination in Brooklyn.
Common Examples of Wrongful Termination in Brooklyn
Wrongful termination in Brooklyn can arise in a variety of scenarios, including the following:
Discrimination-Based Termination
A round of layoffs at an architecture firm in Brooklyn primarily impacts minority employees, while white workers were mostly retained. Managers had previously targeted minority workers with disparaging comments.
Retaliation for Reporting Workplace Issues
A Brooklyn nursing home fires a worker who has received only positive reviews for “performance issues” shortly after the worker complained about neglectful conditions for residents.
Breach of Contract or Employer Promises
During contract negotiations with its employees, a Brooklyn retailer suddenly fires a union member, in violation of the terms of a collective bargaining agreement.
Signs You May Have Been Wrongfully Terminated
Many workers won’t realize they were wrongfully terminated until it’s too late to pursue a claim, so it’s important to recognize the signs. Common red flags associated with wrongful termination in Brooklyn include:
- You were terminated shortly after reporting a manager’s harassment of a co-worker.
- Your employer gives inconsistent explanations for why you were fired.
- You were told you’re “not a culture fit” in a workplace where your protected characteristic is unique.
- You were fired shortly after using earned sick time or family medical leave, filing a workers’ compensation claim, or participating in legal activities outside of work hours.
- You were terminated for reasons that also apply to other co-workers who were retained.
- You were fired for “performance” issues that never came up during years of job reviews.
- The circumstances of your termination were generally suspicious.
What to Do After You Are Wrongfully Terminated in Brooklyn
If you suspect a wrongful termination, your first steps should focus on gathering evidence and building your claim. Take detailed notes of your experiences leading up to your firing, including where, when, and with whom any incidents that may be connected occurred.
Collect and save any written communications, performance records, internal policies, and other documents that might be relevant to your termination. By reviewing these records, you can identify violations of law or company policy that can help you prove wrongful termination.
Acting quickly is crucial to your success, as the deadline for filing an official complaint regarding your termination can be as little as 180 days. An experienced New York employment lawyer can help you build a strong claim and meet all legal requirements.
What Compensation Can You Recover for Wrongful Termination in Queens?
You can recover a variety of damages and remedies to compensate for the impacts of your wrongful termination, including the following:
- Lost wages and benefits
- Damages for emotional distress
- Reinstatement to your previous role
- “Front pay” for lost future income, if you cannot reasonably be reinstated to your former position
- Punitive damages, in rare and extreme situations
Working with a New York wrongful termination lawyer can help you pursue all available damages and maximize your potential compensation.
How Legal Representation Can Strengthen Your Wrongful Termination Claim
A trusted Brooklyn wrongful termination attorney can be a valuable ally at any stage of the legal process. Your lawyer can evaluate whether you have a valid case, help you gather evidence to support your claims, and handle all negotiations with your employer.
Your lawyer’s familiarity with local laws, courts, and employers will give them an edge, helping them quickly navigate the legal system and bring your case to an efficient resolution. If your employer refuses to agree to a fair settlement, your attorney can help you file a lawsuit and fight in court to get the justice you deserve.
How a Brooklyn Workplace Retaliation Lawyer Can Help
If you’re dealing with workplace retaliation in Brooklyn, having an experienced lawyer on your side is even more important. Retaliation for reporting misconduct, whistleblowing, or other protected activities is a serious and intentional violation of the law that requires professional guidance to properly address.
Your attorney can help you build a strong case to prove your employer’s retaliatory intent, file your claims with government regulators, and ensure your employer is held accountable for your wrongful termination.
What Our Workplace Discrimination Clients Are Saying
At Joseph & Norinsberg, we’re passionate about fighting for the underdog. Here are some of the testimonials we’ve received from workers we’ve helped:
Get Help With a Wrongful Termination Case in Brooklyn
If you’ve been fired or laid off from your job under suspicious circumstances, the tenacious Brooklyn wrongful termination lawyers at Joseph & Norinsberg are ready to fight to get you the justice and compensation you deserve. We have more than 75 years of combined experience protecting the rights of New York workers like you.
Contact us online or call 212-227-5700 today for a free consultation.
Jon Norinsberg is one of New York City’s leading civil rights and trial attorneys, with decades of experience litigating high-stakes constitutional and employment disputes. Jon is known as a fearless, battle-tested trial lawyer who takes on powerful corporations, government entities, and public institutions in cases involving civil rights violations, police misconduct, discrimination, retaliation, and wrongful conduct.
- New York Age Discrimination Lawyer
- New York Disability Discrimination Lawyer
- New York Gender Discrimination Lawyer
- New York Pregnancy Discrimination Lawyer
- New York Race Discrimination Lawyer
- New York LGBTQ Employment Discrimination Lawyer
- New York Weight Discrimination Lawyer
- New York Religious Discrimination Lawyer
Increased client’s severance for being discriminated against for their disability.
Defended 12 individuals facing discrimination and retaliation based on race and gender in the workplace.
Race discrimination case against a luxury brand in the fashion industry (confidential).