Hearing that you’ve been fired can be one of the most traumatic experiences in your life. Your job is the way that you support yourself and your family. How are you going to pay your bills? What about rent? How can you afford insurance to take care of your health? These are many of the first thoughts that can come to your head.
You might also be thinking that it’s not fair. You don’t understand why you were fired when you’ve given so much to your company. If you think that you were fired without a valid reason, you need a wrongful termination lawyer. Gary Falkowitz has successfully handled many wrongful termination lawsuits. He understands how important compensation is to you and your family. However, there is only a short time window to file a wrongful termination claim, so you need to contact us today.
What’s wrongful termination?
When you work for a place in the United States, you’re an “at-will” worker. This means that you chose to work for your company, and you can be fired at any time. In most states, you can be fired for no reason at all. If you show up to work late, your employer can fire you on the spot if they want.
Your manager can decide to fire you because they don’t like you. Your company can also lay you off if they don’t have enough work. The only time that termination is wrongful is if it goes against the law. If you are fired on the basis of discrimination, this is a wrongful termination.
It is unlawful to fire an employee under New York and Federal Laws if:
The employee is fired due to discrimination. If the employee is fired because of their race, religious preference, sexual orientation, age, disability, arrest/conviction, military status, marital status, or other predisposing genetic conditions.
The employee is fired as retaliation for using a right protected by federal law. Some of these include taking leave with the Family and Medical Leave Act, reporting illegal activities of the company, organizing a union, or complaining about poor work conditions.
The employee refused to agree to sexual harassment.
New York has even broader terms for unlawful termination:
You cannot fire an employee based on their:
- Gender (actual or perceived)
- Marital or Partnership Status
- Sexual Orientation (asexuality, bisexuality, homosexuality, or heterosexuality)
- Citizenship or immigration status
Your employer cannot fire you because they think you’re over 40, gay, or for any of these above reasons. Even if none of what they think is true, you are still eligible for protection.
You can’t be legally fired if it is a violation of your employment contract. If your contract requires that you are given two weeks’ notice, you can’t be fired immediately. There are many clauses in contracts that protect employees from being fired “because someone doesn’t like them”. Also, if your contract denotes specific hours, you can’t be fired for refusing to work a different shift.
It can be extremely difficult trying to gather information to prove that your employment was illegal and successfully filing the claim. There are different protections from federal, state, and local governments. It’s complicated to prove the motives behind your termination because most bosses don’t tell you why.
How can I file a wrongful termination claim?
There are many different agencies that you can go through to file your claim. If you feel that you were terminated because of discrimination you’d typically file a claim with the New York State Division of Human Rights or the Equal Employment Opportunity Commission.
New York City employees could also file a complaint with the New York City Commission of Human Rights. As you can see, it’s a little confusing determining which steps to take. That’s why we recommend hiring a lawyer that’s experienced in workplace law, specifically wrongful termination.
If you were fired by retaliation from your company, there is a totally different department that you should contact. The Occupational Safety and Health Administration is a division of the U.S. Department of Labor. If you have been fired from reporting poor working conditions, this is where you should file your claim.
Employees that have been fired in violation of their own employment contract can file a lawsuit in court. However, if the contract requires arbitration, you must go through that process. It doesn’t matter which claim you’re filing, you need to take notes. The minute you receive your termination notice, you should document everything. Make sure that you save your time sheets, personnel records, manuals, and any other documents.
Do I need to file a wrongful termination lawsuit?
Deciding to file a wrongful termination lawsuit will ultimately be up to you. It can be overwhelming dealing with state, federal, and private sectors. As you can see from what we’ve already mentioned, there are several agencies that handle these claims. We recommend that you at least get a consultation before attempting to file a wrongful termination claim on your own. Even if your claim is refused at an agency, you can file with a federal state court. So, we encourage you to seek out an experienced wrongful termination lawyer.
Wrongful termination as a result of retaliation.
Many of our clients suffering from wrongful termination are victims of relation. When you decide to take on your company, you end up getting shown the door. You shouldn’t be penalized for doing the right thing. We highly recommend contacting us if you have been fired due to retaliation.
Hire a wrongful termination lawyer that will fight for you.
Gary Falkowitz has handled many wrongful termination lawsuits in New York City. He understands how important it is that you win your wrongful termination case. If you feel like you have been fired illegally, you need to take action. Contact us today to start the process of your wrongful termination claim. We can help get justice for you and your family.