5 Signs You’ve Been Wrongfully Terminated in New York
Work is essential to your livelihood and supporting your basic needs. Receiving a notice of termination can be shocking. It is critical to evaluate the reasons for termination to know if a rights violation is the cause of wrongful termination in New York. Below, we look at common signs a termination may be against the law.
You Experience Discrimination in the Workplace
Disguised discrimination may take the form of off-handed jokes, inappropriate comments about you or others, or variances in permissible acts between employees. Being terminated for the following attributes violates state and federal law:
- Sex or sexual orientation
- Age
- Race
- Religion
- Disability
Documenting discriminatory behavior is essential to proving wrongful termination. Record eyewitness accounts by co-workers or their experiences to support your claim. Learn more about the signs of direct vs. indirect workplace discrimination.
Termination Coincides With a Request for Family Medical Leave
You may request time off under the federal Family Medical and Leave Act (FMLA) or the New York State Paid Family Leave Act for medical leave when you or a family member experiences a significant medical or life event, such as childbirth or adoption. A termination that coincides with a request for time off without other adverse work events occurring may indicate your termination is based on your lawful request instead of your actions on the job.
You File a Workers’ Compensation Claim
Workers’ compensation covers the costs of medical care, lost wages, and other expenses due to a workplace accident. Filing a workers’ compensation claim provides critical financial support while you cannot work. A termination occurring soon after you file a workers’ compensation claim is a red flag to discuss a potential wrongful termination with a New York workplace injury lawyer in Syracuse.
You Report an Illegal Activity Before Termination
You have the right to report any suspected wrongdoing in practice against you or another employee in the workplace. Examples of illegal activity in the workplace include:
- Discrimination
- Workplace harassment and hostile work environment
- Violations of wage and overtime laws
- Safety violations
An employer may terminate you wrongfully as a retaliation for filing a report. Filing a whistleblower complaint and working with a wrongful termination lawyer can help you seek legal protection. The Occupational Health and Safety Administration (OSHA) executes more than 20 whistleblower statutes, and your time to report a violation varies from 30 to 180 days, depending on the offense.
A Breach of Contract Occurs
An employment contract will generally outline the terms and conditions of your employment. It may also define the procedures your employer must follow for a legal termination. A violation of the contract’s guidelines may result in wrongful termination. When this occurs, your employer may be legally responsible to you for breach of contract. You may even be eligible for job reinstatement.
A thorough review of an employee contract can help you more effectively identify illegal actions against you. Discussing your employee contract before signing it may allow you to negotiate more favorable terms of the agreement you disagree with.
Discuss the Signs of a Wrongful Termination in New York
Time limits to file a claim for wrongful termination depend on who you file a claim with and the type of claim you are filing. Learn more about the evidence you need to prove a claim and the legal recourse you have for wrongful termination in New York.