recovered for our employment law cases
- Workers in Manhattan and throughout New York are protected from wrongful termination by federal, state, and local laws.
- Wrongful termination occurs when an employer fires or lays off a worker in a discriminatory fashion, in violation of their employment contract or collective bargaining agreement, or in retaliation for protected activities.
- A termination may constitute unlawful retaliation if it occurs after a worker reports workplace misconduct, participates in union organizing, or complains about labor violations.
- The experienced Manhattan wrongful termination lawyers at Joseph & Norinsberg can help you build a strong case and hold your employer accountable.
The uncertainty that comes with losing your job can be overwhelming. While New York law allows employers to fire employees at will, they cannot terminate an employee for certain unlawful reasons.
Regardless of the field in Manhattan’s booming and diverse economy that you work in, federal and state laws protect you from wrongful termination. The experienced New York employment lawyers at Joseph & Norinsberg are here to explain your rights, advise you of your legal options, and fight tirelessly for the justice you deserve.
What Is Wrongful Termination Under New York Law?
Wrongful termination occurs when an employer fires or lays off a worker for discriminatory reasons, in retaliation for protected activity, or in violation of an employment contract or collective bargaining agreement. A firing might constitute unlawful employment discrimination if it is based on a protected characteristic, such as race, gender, age, or disability status.
Your termination might be retaliatory if it has occurred shortly after you reported unlawful behavior, participated in union organizing, or conducted lawful activities outside of work hours that a superior voiced disapproval of. If your employment contract outlined a specific process for firings or layoffs that your employer did not follow, it can also constitute wrongful termination.
Common Examples of Wrongful Termination in Manhattan
In Manhattan, wrongful termination can arise in a wide variety of scenarios, such as the following:
Discrimination-Based Termination
A boss at a Manhattan software company fires female workers over workplace rules that male employees also consistently ignore.
Retaliation for Reporting Workplace Issues
A Manhattan investment bank lays off a banker shortly after she reported a boss for sexual harassment, with her employer claiming she was both “underperforming” and “not gelling with our culture.”
Breach of Contract or Implied Agreements
A digital media company in Manhattan conducts mass layoffs, ignoring the termination process enshrined in its workforce’s collective bargaining agreement.
Signs You May Have Been Wrongfully Terminated
Knowing the signs of wrongful termination can help you spot unlawful behavior and protect your rights. Common red flags associated with wrongful termination in Manhattan include:
- You’ve been singled out for something your co-workers also regularly do.
- You were terminated shortly after filing a workers’ compensation claim, taking earned sick leave, or complaining about not receiving your wages.
- Your employer gave inconsistent explanations for your termination.
- Many workers targeted in a round of layoffs shared a protected characteristic.
- Your employer has placed you on a performance improvement plan after years of positive reviews with no significant concerns.
- You were fired after reporting a coworker for abusive or harassing behavior.
- You have been excluded from meetings and company outings in a workplace where you were a minority.
What to Do After Being Fired in Manhattan
If you’ve been fired under suspicious circumstances, start building a case against your employer immediately. Take thorough notes documenting your experiences, including when, where, and with whom any incidents occurred. Speak with any witnesses and see if they’re willing to provide statements.
Gather any relevant documentation from your employer, including employment contracts, performance records, emails, other written communications, and internal policies. Having as much information as possible will make it easier to prove wrongful termination and hold your employer accountable.
You may be up against time constraints as narrow as 180 days to file a complaint, so swift action is the best course. Consider speaking with an experienced Manhattan wrongful termination lawyer for professional advice on next steps.
What Compensation Can You Recover for Wrongful Termination in Manhattan?
In a wrongful termination claim, you may be entitled to a variety of remedies, including compensation for your damages. The relief you can seek includes:
- Back pay for lost wages
- Reinstatement to your position
- “Front pay” for lost future income, if you cannot be reinstated to your previous position
- Emotional distress damages
- Punitive damages, in rare cases of egregious misconduct
How a Manhattan Wrongful Termination Lawyer Can Help
If you’ve lost your job unfairly, you’re already dealing with enough turmoil. A knowledgeable Manhattan wrongful termination attorney can handle building and pursuing a claim for you, saving you the stress of navigating complicated legal issues on your own.
Your lawyer will investigate, gather key evidence, engage experts to support your case, help you file official complaints with administrative agencies, and negotiate with your employer to reach a quick and fair resolution to your case. If they won’t agree to a settlement that adequately compensates you for your experiences, your attorney will file a lawsuit and fight in court to get you the compensation and justice you deserve.
What Our Workplace Discrimination Clients Are Saying
The Joseph & Norinsberg team has the relentless work ethic, exceptional trial skills, and personal empathy necessary to deliver results while supporting you throughout the legal process. Here are some testimonials we’ve received from our satisfied clients:
Client Testimonials
Fired Unfairly in Manhattan? Know Your Legal Options
If you suspect your firing or layoff in Manhattan is a wrongful termination, don’t suffer in silence for another day. Joseph & Norinsberg has more than 75 years of collective experience fighting and winning for workers just like you. Let us help protect your rights and hold your employer accountable.
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).