What is Considered Wrongful Termination in New York?
Employers may have the right to fire an employee without warning or cause because of New York’s at-will employment laws. However, there are instances when a termination is wrongful under the law. Documentation is crucial to pursuing a wrongful termination claim in New York.
How New York Defines Wrongful Termination
You may not be given a cause or told the actual reason you are losing your job. Keeping detailed work records can help identify an instance of wrongful termination and support your claim. Take note of these signs of wrongful termination in New York. New York law prohibits termination based on discrimination based on the following protected classes:
- Age
- Disability
- Marital status
- Military status
- National origin
- Religion
- Sex
- Sexual orientation
Federal law also prohibits discrimination based on protected characteristics under the U.S. Equal Employment Opportunity Commission (EEOC). Termination because of pregnancy or genetic information is also wrongful. Employers cannot legally retaliate against an employee for filing a complaint or charge for discriminatory practices against them based on these characteristics. New York labor law also prohibits retaliation by an employer for reporting discrimination or harassment.
You Have Contract Protections
You may have an individual or union employment contract that prohibits termination unless a good cause exists. Deadlines for filing a claim under union contracts can be short, requiring you to take immediate action to protect your right to file a claim. A New York employment lawyer can help you work within legal deadlines when you suspect and have documentation of a contract violation. Being terminated for joining or creating a union is also wrongful.
You File a Complaint
Labor laws protect employees’ safety, wages, time on and off the clock, and other employment facets. Being terminated after filing a complaint about a labor violation may be an act of wrongful termination. Whistleblower laws also protect employees who report violations, safety concerns, or unfair practices, such as wage and hour violations.
You Participate in a Legal Activity
It is your right to take part in political events or recreational opportunities off the clock. Being fired for participating in these events on your own time is wrongful.
You File a Benefits Claim
Workers’ compensation provides essential financial support and time off if you suffer work-related injury or experience a disability that prevents you from working. An employer may not lawfully take action against you if you file a claim. Document your injury and communications with an employer, and maintain your medical documents that support your claim.
You Take Protected Leave
Permissible time off from work may be available under various state and federal laws. You may request time off for medical leave, a family member’s illness, military family leave, or to fulfill a jury duty obligation. A violation of these laws may apply if you are terminated after requesting or taking leave. Understanding what rules apply to your case is vital to a wrongful termination claim. Learn more about the Family and Medical Leave Act and how it applies to you.
Discuss a New York Wrongful Termination Claim
Knowing your legal avenues for recourse in a wrongful termination claim is essential to maximize your rights under the law. Time limits also apply to how long you have to file a claim. Schedule a free consultation to determine if a firing falls under wrongful termination laws in New York.