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recovered for our employment law cases
If you believe you have been wrongfully terminated from your job, you may be entitled to compensation for resulting damages. Wrongful termination occurs when an employer fires an employee for an unlawful reason, such as illegal discrimination, making a good-faith complaint about illegal discrimination, or demanding unpaid wages. Working with a wrongful termination lawyer in NYC can help you understand your rights as an employee in New York and pursue legal action if you have a case.
Table of Contents
- Why Choose Joseph & Norinsberg LLC 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
Why Choose Joseph & Norinsberg LLC for Your Wrongful Termination Case?
The seasoned legal team at Joseph & Norinsberg is standing by to help if you are looking for a wrongful termination attorney in NYC. We have extensive experience representing clients in all employment claims, including cases involving wrongful termination.
Whenever our clients experience wrongful termination, we fight tooth and nail to hold the at-fault parties responsible for their actions. Our passionate and aggressive attorneys care about each and every one of our clients, no matter how big or small their case is. We have a supportive staff of attorneys and paralegals available to answer your questions throughout the legal process, both in and out of the courtroom.
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. For example:
Founding partner Bennita Joseph recently won the Best Litigation Attorney in NYC award from Expertise.com. We’re also the recipients of many other prestigious recognitions, including from Super Lawyers, the Multi-Million Dollar Advocates, and Rising Stars. Our firm regularly receives media coverage for our cases, including mentions in The New York Post and New Jersey Herald.
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 a wrongful termination and won $1,040,000 for that client.
Bennitta Joseph represented a client against an educational institution for wrongful termination and won $1 million for that client.
Employee Rights and Protections Against Wrongful Termination in New York
Depending on the circumstances of your unique case, certain protections may be available to you following a wrongful termination in New York. Some of the most common protections involve your right to report unlawful behavior (such as illegal acts of discrimination and sexual harassment), being a whistleblower, or complaining about not being paid your lawful wages (such as a failure to pay overtime).
Equal employment opportunity (EEO) laws forbid retaliatory termination of employees who exercise their right to report workplace discrimination or support another person’s claim. In the United States, reporting this type of unlawful behavior is a “protected activity.” If it can be proven that an employee was fired because he/she 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.
In the scenarios above, however, the reason for termination has to be discriminatory, in retaliation for exercising EEO rights, or in retaliation for the employee’s protected status as a whistleblower. EEO and whistleblower rights do not automatically make an employee immune to termination if the reason for termination is lawful.
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). An experienced NYC wrongful termination lawyer can help you determine how to proceed if you’ve been illegally fired from your job.
Role of a Wrongful Termination Lawyer in NYC
As your wrongful termination attorneys in NYC, we’ll evaluate your case, investigate it, and file a claim with the appropriate agency or court. We’ll devote all of our resources to ensuring every argument in your case is fully supported with compelling evidence that proves the wrongs you suffered. We aim to secure full and fair compensation for your losses.
Wrongful termination is terrible to experience and can have long-term consequences on your finances and career prospects. You can’t afford to brush it off and keep moving. Instead, it’s best to seek legal representation to protect your rights and show employers that their wrongful actions won’t go unpunished.
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.
Since the laws concerning wrongful termination are complex, it’s vital to consult with an experienced wrongful termination lawyer in NYC who can determine the legislation that applies 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 legally can 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 manager’s discrimination towards you, such as rude comments or unfounded hostility. A wrongful termination lawsuit lawyer 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. We 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.
What Compensation Is Available 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 “whole” again. Here are some remedies you you may be eligible for.
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 offer 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 will 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 isn’t 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 judge may award punitive damages, which punishes 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.
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 calendar days from the day the discrimination took place. The 180-day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.”
Further, the New York City Human Rights Law generally has a one-year statute of limitations. However, under a recent amendment to the New York State Human Rights Law, you now have three years from the last harassing incident to file a claim with the New York State Division of Human Rights if the incident occurred on or after February 15, 2024. For incidents occurring before that date, you generally have one year to file your claim with the New York State Division of Human Rights.
Failing to file a claim within the requisite period may prevent you from obtaining compensation for your wrongful termination. It’s vital to speak with an attorney as soon as possible. Your attorney can advise you of your rights and the laws that apply to your case.
Steps Involved in a Wrongful Termination Case
Every wrongful termination claim we take is handled through a step-by-step process. The process ensures we fully understand your case and gather necessary evidence before filing a claim and resolving the issue. Here is what you can expect.
1. Initial Consultation and Case Evaluation
You initiate the first step in the legal process by scheduling a consultation with a New York City lawyer for illegal firing. Your consultation will occur in our office, where we’ll ask you to tell us what happened and why you feel you were wrongfully terminated. It’s helpful to bring any evidence or notes you have concerning the situation, such as your termination notice or employment contract.
During the evaluation, we’ll tell you what laws apply to your case and whether you have a valid claim. You can ask us questions to determine whether you’d like to proceed.
2. Investigation and Gathering of Evidence
If you decide to take the next step, we’ll begin the investigation. We’ll request documents pertaining to your termination and employment history. If there are witnesses who can provide additional insight into your termination, we will ask to speak with them. We may also consult with outside experts if they can add value to your claim.
3. Filing a Complaint
Your lawsuit or claim begins when we file a complaint with the appropriate agency or court. In some cases, we may file multiple claims. Relevant agencies include the New York State Division of Human Rights and the Equal Employment Opportunity Commission. These agencies may conduct their own investigation once we submit a complaint.
4. Negotiation and Settlement Discussions
Most wrongful termination claims never go to court. Instead, your attorney and prior employer or their representatives negotiate a settlement on your behalf. The settlement will include compensation for your damages, such as back, front pay, or job reinstatement. If we negotiate a fair settlement on your behalf and you agree to it, your case will come to a close.
5. Litigation and Trial Proceedings
Often, employers are unwilling to provide an adequate settlement for your losses. If this happens, we’ll allow the case to proceed to trial. A trial may take months or years to finalize. However, if successful, it may entitle you to further compensation and potential punitive damages.
Impact of Wrongful Termination on Career Prospects and Professional Reputation
A wrongful termination can wreak havoc on your professional and personal life. Few people expect to suddenly be let go by their employer, especially when they feel they’re meeting performance expectations and fulfilling their duties. When this happens, you may be distressed and concerned about your future career prospects.
Remember that wrongful termination isn’t your fault. If your employer’s wrongful actions led to the situation, you can hold them accountable by taking legal action. Speak with a qualified wrongful termination attorney in New York as quickly as possible to limit your financial losses and protect your rights.
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:
- Age discrimination
- Race discrimination
- Gender discrimination
- Violations of the Family Medical Leave Act (FMLA)
- Pregnancy discrimination
- Retaliation
- Religious discrimination
- Wage and hour claims
- Overtime disputes
- Whistleblower retaliation
- Disability discrimination
- LGBTQIA+ discrimination
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 quiting a job, employers are not obligated to articulate a full-fledged reason for letting you go. This is known as “at will” 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.
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 LLC can help. Speak with our New York City wrongful termination lawyers today to discuss your legal options. Call us at (212) 227-5700 or complete our online contact form to schedule your free consultation.
Having over 25 years of experience and a proven track record of success, Jon has become one of the top civil rights litigators in New York City. A true trial lawyer, he is not intimidated by the intense challenges complex civil rights and constitutional law cases present.
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.
