Wrongful Termination Lawyer New York City

If you believe that you have been wrongfully terminated from your job, you may be entitled to compensation for any 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, good-faith complaint about not being paid your lawful wages. Working with a New York City wrongful termination lawyer can help you understand your rights and protections as an employee in New York and pursue legal action if you have a case.

At-Will Employment in New York and New Jersey

If there is no specific agreement stating otherwise, the law presumes that employment is at will in 49 states; Montana is the odd man out. At-will employment effectively means that the employee can be terminated at the employer’s will. There are, however, many agreed-upon exceptions to at-will employment. In these cases, an employee can only be terminated with good cause. But wrongful termination can occur regardless of whether or not employment is at will.

Bottom line: when employment is at will, the employer doesn’t need a good reason, but it does need a lawful reason.

At Joseph & Norinsberg LLC, we have been helping New York and New Jersey employees protect their rights for more than 20 years. If you have been terminated for an unlawful reason, speak with a New York City wrongful termination lawyer from our highly-skilled legal team to help you determine how to proceed.

Employee Rights and Protections Against Wrongful Termination in New York

Depending on the circumstances of your unique case, there may be certain protections 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.

Frequently Asked Questions

How can I prove wrongful termination?

In order to recover damages in a wrongful termination case, you must be able to prove that you were, in fact, terminated for an unlawful reason. To do this effectively, it is in your best interest to consult with a skilled employment attorney who can help you gather direct and indirect evidence to substantiate your claim.

What sort of remedies are available for wrongful termination?

Possible damages in a successful wrongful termination case may include lost wages, loss of future earnings, loss of employment benefits, and emotional pain and suffering.

What are lawful reasons for termination?

In some cases, an employee may feel that he/she was fired for illegal reasons when, in fact, the termination was lawful. Unfair does not always equal unlawful. Reasons for lawful termination are extensive, from always coming to work late or failing to perform job duties, to harassing other employees or being drunk on the job.

What are unlawful reasons for termination?

Wrongful termination can occur for myriad reasons, but some of the most common involve:

If You Have Been Wrongfully Terminated, You are Not Alone

According to the U.S. Department of Labor Bureau of Labor Statistics (BLS), more than 19 million employment terminations occur annually. Furthermore, the U.S. Equal Employment Opportunity Commission (EEOC) reports a whopping 84,254 charges of employment discrimination in 2017 alone. If you have been wrongfully terminated, you are not alone, and you have rights. Consult with a wrongful termination attorney immediately.

Contact An Experienced NYC Wrongful Termination Lawyer Today 

If you believe that you have been wrongfully terminated from your job, a wrongful termination lawyer at Joseph & Norinsberg LLC can help. For more than 20 years, our skilled, dedicated employment lawyers have been protecting the rights of employees across New York and New Jersey. Don’t go through this stressful time alone; contact a New York City wrongful termination lawyer and book a free and confidential consultation through our website today.

Wrongful Termination Lawyer New York City

We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

We hold these truths to be self-evident:
That all men and women are created equal.

ELIZABETH CADY STANTON

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THEODORE ROOSEVELT

No one is above the law,
and no one is below it.

THEODORE ROOSEVELT

Glowing Client Reviews

I am very amazed and pleased for the wonderful work Diego Barros did for me and our co-workers, speechless to see how wonderful and constructive everything work. First time with Diego Barros and i am totally impressed to have seen how great you have worked for all of us, i will totally recommend you to anybody who is in need of help without at doubt at all in all senses.

Mr. Diego helped me WIN and reach a great settlement. Wages recovered from lack of pay and serious misconducts from employer. He was very informative and easy to talk to every step of the way. Very happy with the settlement I received. He will go for the win and get you what you deserve! If you having problems with employment I give Mr. Diego my full recommendation to get your issues resolved.

Jon and his team are amazing. They fought every step of the way for me and my family. My case was handled with such care and concern and Jon’s honesty gave me great confidence in his ability to win my case.

To have Bennitta Joseph who wins high profile cases against companies like Delta is a win for any company. The fact that they equip entrepreneurs like me with tools to compete with fortune 500 is a competitive advantage. If you are a company that deals with people and wants to succeed, hiring her is a must!

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

This was the first and hopefully my last lawsuit and the process wasn’t what I thought. The patience shown to me (even when I became frustrated) was great. Everyone showed respect, sensitivity, and I’d recommend the firm to everyone. Losing my job set me behind on several bills, but I can now pay them. The situation I went through will help me going forward.

Bennitta Joseph is committed to Justice. After be wronged at work in 2015, and discriminated against I felt very hopeless and wronged. I felt as though I had no hope standing up to a corporate giant, and no chance of winning. After explaining my case and sharing the facts Bennitta felt differently. She did warn me it would be a long and tough road and that I had to have thick skin. In my experience if you take Bennitta’s lead and trust her legal experience no case it too big, or too small for her…

Me trataron muy bien y estoy satisfecho con el servicio. Inicialmente llamé para unirme a un caso anterior, pero cuando ya era demasiado tarde para unirme a ese caso, estaban felices de luchar por un segundo caso. No pensé que podrían hacer que otro caso funcionara, pero lo hicieron. Aprendí cuáles son mis derechos en cuanto a salario mínimo y tiempo extra y puedo usar esta información en el futuro. Recomiendo mucho la oficina.

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Our Successful Case Results

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Code v. City of New York

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Williams v. New York City Transit

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Dominguez v. Moskowitz, M.D.

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Carvalho v. MonteFiore

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Rivera v. 260 W. 135 LLC

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Levans v. Delta Air Lines, Inc

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Jacqueline Winbush v. City of New York

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Minor v. City of New York

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Dortch v. Montefiore Medical Center

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Zomber v. Village of Garden City

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S.A. v. City of New York

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