RECOVERED
- Wrongful termination occurs when an employer fires an employee for unlawful reasons such as discrimination, retaliation, or wage complaints.
- New York and New York City laws protect employees who report illegal conduct, discrimination, or labor law violations.
- A wrongful termination lawyer in NYC can investigate claims, file complaints, and pursue fair compensation.
- Compensation may include reinstatement, back pay, front pay, emotional distress damages, and in rare cases punitive damages.
- Strict deadlines apply to wrongful termination claims, making it important to act quickly to protect your rights.
Losing your job unfairly can turn your life upside down. You may be left worrying about bills, your career, and what comes next, all while trying to understand why your employer let you go. But employers cannot fire workers for illegal reasons, and you do not have to face that fight alone. Our experienced New York City wrongful termination lawyers can fight by your side.
At Joseph & Norinsberg, we represent employees, never employers. Our New York City employment lawyers stand up for workers who have been fired because of discrimination, retaliation, or other unlawful conduct. With more than 100 years of combined legal experience, our trial lawyers challenge employers of every size. Call today for a free consultation.
Table of Contents
- Why Choose Joseph & Norinsberg for Your Wrongful Termination Case?
- Employee Rights and Protections Against Wrongful Termination in New York
- Role of a Wrongful Termination Lawyer in NYC
- Examples of Wrongful Termination Claims We Handle
- What Compensation Is Available to Wrongful Termination Victims?
- What Is the Time Limit for Filing a Wrongful Termination Claim?
- Steps Involved in a Wrongful Termination Case
- Impact of Wrongful Termination on Career Prospects and Professional Reputation
- FAQ
- Get Legal Help With Your Wrongful Termination Claim Today
Wrongful Termination Attorneys in New York City Who Fight for You
Joseph & Norinsberg can help if you are looking for a wrongful termination lawyer in New York City. We have extensive experience representing clients in all employment claims, including cases involving wrongful termination.
Our attorneys will go up against any employer who wronged an employee, regardless of their size. For example, we have successfully faced the New York City Transit Authority and the New York Hospital Medical Center of Queens.
Whenever our clients experience wrongful termination, we fight tooth and nail to hold the at-fault parties responsible for their actions. We have a supportive staff of attorneys and paralegals available to answer your questions throughout the legal process.
We are proud of our five-star Google rating, not because of the number but because of the client satisfaction it represents. We treat all clients like family, and they regularly stay in touch with us long after their cases are resolved. We also regularly receive glowing client testimonials.
Case Results
Joseph & Norinsberg represented a client against an international investment firm for age discrimination and wrongful termination. We obtained an incredible settlement (confidential amount) for this client.
Bennitta Joseph represented a client against a prominent hospital in New York for wrongful termination and won $1,040,000 for that client. Ms. Joseph also represented a client against an educational institution for wrongful termination and won $1 million for that client. Our past case results do not guarantee future outcomes.
Employee Rights and Protections Against Wrongful Termination in New York
Equal employment opportunity (EEO) laws forbid retaliatory termination of employees who exercise their right to report workplace discrimination or support another personโs claim. In the United States, reporting this type of unlawful behavior is a โprotected activity.โ
If it can be proven that an employee was fired because they spoke to a supervisor about discrimination, filed a discrimination claim, or is a witness in an EEO charge, the termination will likely be deemed unlawful.
There are also general whistleblower protections available to employees who disclose illegal business activities and are fired in retaliation. EEO and whistleblower rights do not automatically make an employee immune to termination if the reason for termination is lawful.
Rights You Retain After Termination
Wrongful termination also applies to certain rights an employee retains even after being fired or penalized for lawful or unlawful reasons. For instance, you may have the right to continue medical coverage or collect unemployment compensation, depending on the particulars of your case.
Veterans may receive additional protections through the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Our experienced NYC wrongful termination lawyers can help you determine how to proceed if youโve been illegally fired from your job.
The Role of a Wrongful Termination Lawyer in NYC
Your wrongful termination attorney in NYC will evaluate your case, investigate it, and file a claim with the appropriate agency or court. Weโll devote all of our resources to ensuring every argument in your case is fully supported with compelling evidence that proves the wrongs you suffered. Weโll aim to secure full and fair compensation for your losses.
Many laws and regulations govern wrongful termination in New York. For example, the New York State Human Rights Law and New York City Human Rights Law make it illegal to terminate an employee based on discriminatory factors, including race, sex, ethnicity, religion, marital status, military status, disability, and age.
Both laws also protect workers from termination if they report a labor law violation. New York labor laws also protect whistleblowers from retaliation by an employer, including wrongful termination. Our NYC wrongful termination attorneys at Joseph & Norinsberg can explain how relevant laws apply to your case.
Examples of Wrongful Termination Claims We Handle
Our attorneys handle a wide range of wrongful termination claims, though some are more common than others.
Discriminatory Termination
No private or public employer can legally terminate you on a discriminatory basis, such as your race, age, gender, or disability. While the employer will likely defend the termination using another reason, you may have noticed signs of a supervisor or managerโs discrimination towards you, such as rude comments or unfounded hostility.
Our wrongful termination lawsuit lawyers in New York can review your situation and determine if discrimination may have been a factor in the termination.
Retaliation
Strict laws forbid workplace retaliation when an employee takes an action the employer dislikes, such as whistleblowing, reporting harassment, or exercising their legal rights. Our New York City retaliation lawyers can investigate and file a compensation claim if you believe your termination was a retaliatory act.
Breach of Employment Contract
Some jobs include contract provisions that prevent employers from letting them go without cause. Union contracts usually include such provisions, but other employment contracts may use them too.
If you worked under an employment contract and were terminated without a valid reason, schedule a consultation with our wrongful termination lawyers in NYC as soon as possible. Most contracts include short deadlines for filing a grievance.
Available Compensation to Wrongful Termination Victims
If you were wrongfully terminated, you are likely entitled to compensation for your losses. The compensation you receive should make you financially โwholeโ again. Here are some remedies you could recover.
Job Reinstatement
Depending on the employer and your desire to return to work for them, you may be reinstated to your position or an equivalent role. Job reinstatement offers the pay and benefits you received before your wrongful termination.
Back Pay
An employer responsible for wrongful termination may compensate you with back pay from the time you were fired. Your back pay could start on the day of termination and continue through the time of the lawsuit settlement or verdict. We can also request interest on your back pay.
Other components of back pay include retirement contributions and overtime. For instance, if your employer regularly contributed to your retirement plan before wrongful termination, they would be responsible for retroactive contributions missed during your termination period.
Front Pay
If job reinstatement isnโt an option for you, we can also negotiate a front pay settlement. Front pay includes compensation for future lost earnings over a reasonable period until you can find a similar position. We can determine your front pay eligibility and potential damages during your case evaluation.
Emotional Distress
Losing your primary source of income can be stressful, resulting in significant stress and anguish. If you find yourself depressed, anxious, or experiencing other negative psychological impacts following a wrongful termination, we can request compensation for your emotional distress.
Punitive Damages
If your case goes to trial, a jury may award punitive damages, which punish and deter your employer from taking similar actions against other workers. Punitive damages are rare and generally only awarded if the wrongful termination was particularly egregious. At Joseph & Norinsberg, we can determine whether you qualify for punitive damages.
What Is the Time Limit for Filing a Wrongful Termination Claim?
The time you have to file a lawsuit against an employer or other entity depends on your claim type and circumstances. For instance, a contract-related wrongful termination may include a grievance period in your employment agreement.
The EEOC explains that you need to file a federal anti-discrimination charge within 180 days from the day the discrimination took place. The 180-day filing deadline is extended to 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.
Under a 2024 amendment to the New York State Human Rights Law, you now have three years from the date of the discriminatory act to file a complaint with the New York State Division of Human Rights for incidents occurring on or after February 15, 2024. The previous statute of limitations was one year.
FAQ
How can I prove wrongful termination?
To recover damages in a wrongful termination case, you must prove that you were terminated unlawfully. To do this effectively, it is in your best interest to consult with a skilled employment attorney who can help you gather evidence to substantiate your claim.
What are lawful reasons for termination?
In some cases, an employee may feel they were fired for illegal reasons, but not all terminations are unlawful. Remember, unfair termination does not always equate to unlawful termination. Reasons for lawful termination are extensive, from regularly coming to work late and failing to perform job duties to harassing other employees or intoxication on the job.
What are unlawful reasons for termination?
Wrongful termination can occur for myriad reasons, but some of the most common involve:
Do I have a case for wrongful termination?
You may. While New York does not require employers to have a cause for firing you, that does not mean they can breach contract provisions, violate discrimination laws, or retaliate for something that was within your legal rights to do. The best way to find out if you have a wrongful termination claim is to schedule a consultation with an NYC attorney for wrongful termination cases.
Can you sue for wrongful termination in NYC?
Yes. To do so, you should seek legal help for wrongful dismissal in NYC. If your attorney determines you have a valid claim, they will evaluate your legal options, including suing your employer or another entity.
What qualifies as wrongful termination?
Again, it’s important to remember that not every unfair termination is illegal. Just as you do not have to give a reason for quitting a job, employers are not obligated to articulate a full-fledged reason for letting you go. This is known as โat willโ employment. So long as they are not breaking the law, this means they can terminate your employment, even if it seems unfair. On the other hand, if you can demonstrate that your termination violated your rights, you may be entitled to compensation.
Examples of wrongful termination based on discrimination may include letting you go due to your age, ethnicity, gender, or disability status. Employers may also be guilty of wrongful termination if they fire you for reporting a labor violation or otherwise exercising your legal rights.
Can I be fired for smoking weed off-duty?
In New York, employers generally cannot fire you solely for using marijuana legally off-duty and off company property, thanks to protections under the stateโs Legal Activities Law. However, these protections donโt extend to being impaired at work or violating clear workplace drug policies. Employers can still discipline or terminate employees who come to work under the influence or who break company rules, especially in safety-sensitive jobs or federally regulated roles.
Get Legal Help With Your Wrongful Termination Claim Today
Waiting too long to take legal action for wrongful termination can destroy your chance to secure compensation for your losses. If you believe you have been wrongfully terminated from your job, Joseph & Norinsberg can help.
Speak with our New York City wrongful termination attorneys today to discuss your legal options. Call us to schedule your free consultation.
Jon Norinsberg is one of New York Cityโs 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.
A lawsuit proved employer misappropriation of tips. Court awarded employees unpaid tips, damages, fees after bench trial.
Wage and hour settlement on behalf of residential superintendents.
After getting the defendant to agree to mediation, settled for a class of construction workers who were not paid their overtime properly.