Retaliation

Understanding Wrongful Termination: Know Your Rights

Losing a job can be a distressing experience, particularly if you believe your termination was unjust. Wrongful termination occurs when an employer fires an employee for unlawful reasons, violating federal and/or state laws, or breaching an employment contract. We at Harding, Mazzotti, LLP wrote this guide to provide you with a general understanding of wrongful termination, the laws surrounding it in New York, and the steps you can take if you believe you have been wrongfully terminated.

What Is Wrongful Termination?

A claim of wrongful termination arises when an employer fires an employee for unlawful reasons. These reasons can include discrimination, retaliation, or breach of an employment contract. While most employment in the United States is “at-will”—meaning an employer can terminate an employee at any time for any reason or no reason—there are significant exceptions that protect employees from unfair dismissal.

Common Grounds for Wrongful Termination

Discrimination: Federal and New York state laws prohibit firing an employee based on protected characteristics such as race, color, national origin, sex, pregnancy, religion, age, disability, genetic information, sexual orientation, marital status, and military status. New York law also prohibits terminating or refusing to hire someone based on their criminal history.
Retaliation: Employers cannot fire employees for participating in legally protected activities. This includes reporting workplace discrimination or harassment or asserting their rights under labor laws.
N.Y. Whistleblower (retaliation): Employees cannot be terminated for reasons that violate public policy, such as refusing to engage in illegal activities, or reporting violations of the law or safety violations.
Violation of Employment Contracts: If an employee has a written or implied contract stipulating job security or conditions under which they can be terminated, the employer must adhere to the terms of the contract before terminating employment.
Asserting employee rights under NY state or Federal Statutes: Employees cannot be terminated for taking leave under various statutes such as the Uniformed Services Employment & Reemployment Rights Act (USERRA) the Family and Medical Leave Act (FMLA) or the New York State Paid Family Leave (NYSPFL).

Wrongful Termination in New York

At-Will Employment and Its Exceptions

New York is an at-will employment state, meaning employers can generally terminate employees without cause. However, terminations that violate anti-discrimination laws, retaliation protections, or contractual agreements are illegal.

Protected Classes in New York

Under New York law, it is illegal to terminate an employee based on the following protected characteristics:

Race
Color
National origin
Sex
Pregnancy
Religion
Age
Disability
Genetic information
Sexual orientation
Marital status
Gender identity
Criminal History
Military status
Political activities/affiliation
Status as a victim of domestic violence
Use of marijuana outside of work (Note: There are certain jobs that have exceptions to this law and can prohibit marijuana use at all times)
Participating in union activities
Participating in any legal recreational activity outside of the workplace

Retaliatory Termination

New York and federal laws also protect employees from retaliatory termination. This means employers cannot fire employees for:

Filing a complaint or complaining to your employer about workplace safety or labor law violations.
Federal whistleblowing.
Filing a workers’ compensation claim.
Exercising rights under wage and hour laws, such as claiming unpaid wages or overtime.
Off-duty conduct, such as consumption of lawful products or engaging in legal activity while not at work and away from the workplace.

Termination for Protected Time Off

Both state and federal laws give employees the right to take time off work for certain civic duties and personal responsibilities. Employers may not discipline or fire workers for exercising these rights, which in New York include:

Military Leave. Under federal law, employees have the right to take up to five years of leave to serve in the military, with the right to be reinstated when they return to work.
Jury Duty. In New York, employees are entitled to leave for jury duty. Employers with 11 or more employees must pay the first $40 of wages for the first three days of an employee’s jury service. Employers who fire or penalize employees for jury duty may be subject to criminal sanctions.
Voting. Under New York law, employees are entitled to take up to two hours of paid leave to vote, unless the employee has four consecutive non-work hours when the polls are open before a shift starts or after it ends.
Family and medical leave. New York employees are protected by the federal Family and Medical Leave Act (FMLA) and the New York State Paid Family Leave law (NYSPFL). The FMLA requires employers with 50 or more employees to provide eligible employees with up to 12 weeks off, unpaid, every year for a serious health condition, to care for a family member with a serious health condition, to care for a new child, or to handle certain matters arising out of a family member’s military service. Employees can take up to 26 weeks off in a single year to care for a family member who is seriously injured while serving in the military. Employees who take FMLA leave must be reinstated to the same position once their leave is over. New York law requires that employers make the same leave available to adoptive parents as they do to biological parents. New York is also one of a handful of states that offers a temporary disability insurance program, which pays employees a percentage of their usual wages while they are temporarily unable to work because of a disability, including pregnancy. New York laws also provide benefits for employees when taking time off to care for a family member or new baby. Thus, employees who do not work for an employer with 50 employees may still be covered.
Military spouse leave. Employers with 20 or more employees must provide employees with up to ten days of unpaid time off each year to spend with a spouse who is on leave during a military deployment.
Other protected leave. When an employer has 20 or more employees, employees are permitted time off for reasons such as blood donation and bone marrow donation. Employees of employers with four or more employees are permitted time off if they are victims of domestic violence.

Contractual Agreements

If an employee has a written or implied contract, the employer must follow the terms set out in that agreement. This includes disciplinary procedures or termination policies outlined in employee handbooks, which can be considered binding contracts.

Steps to Take if You Face Wrongful Termination

If you believe you have been fired from your job unjustly, consider the following steps:

Consult an Attorney: The employment lawyers at Harding, Mazzotti, LLP, can help assess your specific situation, gather evidence, preserve your statutory rights, and guide you through the legal process. An attorney is particularly important if your case involves more complex issues like contract breaches or employer retaliation.
Preserve the Evidence: Keep all relevant documents, such as emails, performance reviews, and any correspondence related to your termination. This evidence will be crucial for supporting your claim.

Statute of Limitations

It’s important to act quickly if you believe you have a wrongful termination claim. Both federal and New York State laws set specific deadlines for filing these claims:

EEOC Complaint: New York employees have 300 days from the date of termination to file with the EEOC. If you do not file a claim with the EEOC within 300 days you will permanently lose your right to bring any federal law claims. Ask a Harding Mazzotti attorney to provide you with more information on choice of forum.
State Division of Human Rights: You have three years to file a discrimination or sexual harassment claim.
Civil Lawsuit: You have three years from the date of termination to file a wrongful termination lawsuit in New York civil court. You can bring NYS law claims at the Division of Human Rights or in state court, but not both. A finding against you at the DHR is a finding against you under NYS law and you cannot pursue a claim in state court. Ask a Harding Mazzotti attorney to provide you with more information about choice of forum.

Potential Compensation

If you succeed in a wrongful termination case against your employer, you may be entitled to compensation, including:

Lost Wages: Reinstatement to their previous position
Reinstatement: Compensation for lost wages and benefits
Legal Fees & Expenses: Reimbursement for attorney’s fees and court costs
Emotional Distress: Injunctive relief to prevent further retaliation
Punitive Damages: Punitive damages if the employer’s actions were particularly egregious

Get Help from an Experienced Employment Law Attorney

Understanding your rights and the legal protections is crucial for any employee. If you believe you have been wrongfully terminated, taking prompt action by consulting with one of Harding Mazzotti, LLP‘s dedicated and experienced employment attorneys can help protect your rights and secure the compensation you deserve. Remember, at-will employment does not grant employers the right to terminate employees for illegal reasons, and the law provides avenues for redress in such situations. Contact us today for a free case evaluation!

Contact the Employment Law Attorneys at Harding Mazzotti, LLP today!

Disclaimer: By clicking the Submit button, you consent to being contacted by Harding Mazzotti, LLP at the number and/or email provided, and consent to receiving SMS/text messages. Message and Data Rates may apply. You can STOP messaging by sending STOP and get more help by sending HELP. You acknowledge that submitting this form and the information contained therein does not establish an attorney client relationship, and therefore, you will not rely upon this information as legal advice. By submitting this form, you understand that any information received in response to this questionnaire is general information for which there will be no charge.