Wrongful Termination
Award-Winning Employment Litigation Legal Representation
Wrongful termination lawyers NYC
There are countless ways in which an employee can be illegally fired. Fortunately, the experienced wrongful termination lawyers at the Giordano Law Offices Personal Injury & Employment Lawyers are here to guide you through many different practice areas. We will be with you every step of these complex settlement negotiations and wrongful termination lawsuits.
Below, we’ll be going over everything you need to know about wrongful termination law, employment law, and your unlawful termination case. And as always, feel free to reach out to us online or call/text us at 646-217-0749 to obtain a free consultation with an NYC wrongful termination lawyer today.
There, of course, are many things that you should be on the lookout for during the hiring process of an experienced wrongful termination attorney. This is because your specific wrongful termination case will always be unique and require an employment law expert. Supposed your employment is in jeopardy or you have been subjected to wrongful termination. In that case, your wrongful termination lawyer will advise you on relevant employment law and explain the best options.
Some of the common traits of the best New York City wrongful termination attorneys include the following:
- Experience
- Honesty and clarity
- Great communication skills
- Always supportive of their clients
- Having availability by phone, email, or text
- Always results-oriented
- Organization throughout the entire law firm
- A high level of integrity
- Ability to quickly adapt to changing facts/goals
- Strong commitment to preparation
What Is Wrongful Termination?
Wrongful termination is an unlawful act conducted by an employer. It happens when they terminate an employee’s employment contract or employee at-will status in a way that violates at least one term of the employment agreement or employment law, including the common law or at least one federal/state employment law statute. It’s important to note that many people simply don’t have formal employment contracts. But this doesn’t mean that wrongful termination cannot apply to your employment situation.
There isn’t any single wrongful termination statute within federal law. However, New York state laws, New York laws, and several federal laws define what exactly constitutes wrongful termination.
Types Of Wrongful Termination
Wrongful termination just so happens to be very common throughout New York and New York City. This is why everyone should have employment lawyers in their contacts just in case any of the following telltale signs pertain to you or your co-workers when they’re fired:
Your Case Entails Discrimination.
State and federal laws prohibit a company from firing (or not hiring) any individual based on:
- race,
- age,
- religion,
- pregnancy,
- sexual orientation, and
- nationality.
Discrimination and race issues are undoubtedly hot topic issues throughout New York, NY. Our wrongful termination attorneys will ensure that your rights are upheld within the parameters of New York labor law.
Your Cause Of Termination Entails Retaliation.
Retaliation within employment law would entail a situation in which an employer fires employees based upon an existing claim of discrimination, sexual harassment, etc., or their overall participation within an investigation.
You’ve Refused To Participate In Unlawful Acts On Behalf Of Your Employer/Company.
Suppose an employer terminates an employee because they’re unwilling to commit illegal acts. In that case, the employee will undoubtedly have a wrongful termination claim. You may be entitled to whistleblower status under various state and federal laws governing employment in various areas. This includes the financial industry, banking industry, manufacturing, government contracts, and other areas.
Violations Of Termination Procedures
Every company should provide an employment agreement. It should stipulate specific procedures in terms of termination. Suppose an employer doesn’t follow these specific procedures. In that case, you may have a wrongful termination case.
There are also many other common signs of wrongful termination in New York City. These include employer fraud, whistleblower violations, and potentially even public policy violations.
Can You Sue For Wrongful Termination In Nyc?
People living in New York City and New York, NY need to understand that New York has an “at-will employment doctrine.” This doctrine states that most employers based in New York may be capable of firing an employee (who does not have an employment contract) for any particular reason and no reason at all, except for a discriminatory reason.
However, discrimination based upon race, sexual orientation, pregnancy, and so much more can entitle a terminated employee to seek financial compensation. There are also many other damages associated with wrongful termination cases, including:
- Lost wage
- Lost severance pay
- Lost employee benefit funds
- Non-economic damages, like pain and suffering
- Punitive damages
- Legal fees
- And potentially reinstating employment
What Is The Average Payout For Wrongful Termination?
The average payout amounts within wrongful termination lawsuits will be the equivalent of all economic and non-economic damages resulting from the wrongful termination. The amount can range beyond hundreds of thousands and millions of dollars depending on the particular case. Other factors will ultimately determine the settlement or court award amount per case. These include the salary, bonuses, benefits, and the ability to find alternative employment.
What Is The Process Of Filing A Wrongful Termination Case?
One of the many reasons unlawfully terminated employees will require the assistance of a New York City wrongful termination attorney is that the filing process for these claims is complicated. You’ll need to keep the following in mind while initiating your claim:
- Documenting Everything About Your Job/Termination
This includes:
- official paperwork,
- termination notice,
- job performance reviews,
- company policy handbook,
- employment contract,
- pay stubs,
- co-worker interviews,
- union contracts,
- official communication documentation,
- and much more.
- Hiring Experienced Wrongful Termination Lawyers
Employment law is complicated. So you’ll need an experienced law firm to analyze all the details about your case and provide you with a strategy towards your best course for legal action.
- Filing Your Wrongful Termination Case
Properly filing your claim is a lot easier said than done. But employment law specialists will know how to handle this portion of the process for you. Discrimination lawsuits will need to be filed with the Equal Employment Opportunity Commission (EEOC) and other New York state agencies. But how you file your claim will ultimately depend upon what type of claim you’re filing. This is why you’ll need an ample amount of legal expertise on your side.
- Proving The Illegality Of Your Termination
This will entail a lengthy discovery process, an employment litigation process before a trial, or going to trial. No matter where this portion of the process goes, our NYC wrongful termination lawyers will have your best interests in mind and put you in the best direction towards full and fair compensation.
Is My Employer Required To Tell Me Why I Was Fired?
It’s important to understand that federal and state laws do not require employers to send out written documents that explain the reasoning behind an employee’s termination. However, employers must notify their employees of specific termination-related circumstances due to the Consolidated Omnibus Benefits Reconciliation Act (COBRA) and The Worker Adjustment and Retraining Notification Act (WARN).
COBRA pertains to health benefits continuation. And WARN pertains to workers needing notice prior to being laid off.
Can My Employer Fire Me And Then Deny Me Unemployment Benefits?
Suppose an employee is fired from their job. In that case, their unemployment benefits may be jeopardized. This is because unemployment benefits are only provided to those fired based upon no fault of their own or not for “cause.”
So yes, your former employer can inform the state that you were fired from your job for cause and subsequently have your unemployment benefits denied. In some circumstances, an employer’s efforts to prevent an employee from obtaining unemployment compensation may be deemed a retaliatory measure. In this case, they would be subject to a wrongful termination lawsuit and damages.
What To Do After You’re Wrongfully Terminated In New York City?
There’s no doubt that losing your job is stressful, mainly if you believe that you were illegally fired. Here are some steps to keep in mind for those moments after when wrongful termination occurs in New York:
- First, try to calm down and collect yourself.
- Take a closer look at your unique scenario and get an official explanation from the company.
- Start collecting as much evidence as you can. Be careful not to violate confidentiality, trade secrets, and nondisclosure agreements you may have signed.
- Reach out to New York wrongful termination lawyers. Explain your situation during your free consultation.
- Work with your employment attorney to properly file your wrongful termination claim with the correct regulatory agencies.
- Lastly, your wrongful termination lawyer can either file a lawsuit or arbitrate your dispute when required.
Contact Our New York City Wrongful Termination Attorney Today
We have supported countless employees and employers in wrongful termination lawsuits. Our employment law specialists will be there for you every step of these complicated legal proceedings.
Schedule a free consultation with our New York City wrongful termination lawyer. Reach out to us online or call us at 646-217-0749.
The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.