New York Wrongful Termination Attorneys
The term wrongful termination refers to the dismissal of an employee for reasons prohibited by law including discrimination and sexual harassment . It can also be based on breach of an employment contract and constructive discharge, as well as the protections given to employees who reports wrongdoing by the Whistleblower Protection Act of 1989 and other local and state laws.
A New York wrongful termination lawyer can explain your legal rights
According to the New York wrongful termination attorneys at Derek Smith Law Group, PLLC, in an at-will employment environment, employers are permitted to fire employees for almost any reason or for no reason at all, as long as the firing does not violate the law or public policy.
At the same time, however, businesses are subject to federal, state and New York City anti-discrimination laws prohibiting the firing of employees on the basis of race or color, ethnicity, gender, religion, age, disability, sexual orientation or some other protected category.
In addition, federal and state whistleblower laws protect employees from retaliatory firing if they report allegedly illegal activities to the appropriate state or federal agency. Also, employers are not permitted to fire employees who complained to the appropriate regulatory agencies about wage or working condition issues. And employers are prohibited from firing employees because they filed workers compensation claims.
Thus, even if you live in an at-will state, you may have a strong wrongful termination suit if you can show that your firing violated anti-discrimination laws or if the firing was in retaliation for reporting your employer to state or federal officials in certain protected circumstances. Employees who can prove wrongful or retaliatory termination may be entitled to back wages and/or punitive damages.
If you believe that you were wrongly discharged, consult with a New York wrongful termination attorney to evaluate your rights given the circumstances of your case.
New York City Employer Retaliation Attorneys
What is unlawful Retaliation?
As mentioned throughout our Employment Law Website, it is illegal for an EMPLOYER to retaliate against someone because of their race, religion, gender, disability, national origin, sexual orientation, age, or sexual harassment. These are called the “Protected Classes.”
Equally as important, is the fact that it is illegal to discriminate against or discharge someone because they have complained about discrimination or have reported wrongdoing at the job (Whistleblower). The employee is protected even if there was no discrimination in the first place as long as the employee had a good faith belief that they were being unlawfully discriminated against.
After a person complains of discrimination or harassment, an employer may not take any steps to retaliate against that employee. Retaliation may take the form of firing, denial of a raise, demotion, removal of job duties or responsibilities, a poor performance review, etc. Simply put, any form of Retaliation is illegal.
Complaints of any type regarding discrimination or sexual harassment are protected. Whether the complaint is an informal verbal complaint to a supervisor, a written complaint to a supervisor or Human Resources, or a formal charge to the EEOC or state or city agency. It is all protected.
A word of caution: Sometimes an employer will fabricate a reason for termination or other act(s) of retaliation. This is called “Pretext.” This is when the employer states the reason for a particular action is legitimate when in reality the reason is made up in order to retaliate against the employee for complaining. This is when you need a good lawyer to parse through the evidence to help prove that you were in fact retaliated against for complaining and discredit the bogus reason(s) proffered by the employer.
Call Derek Smith Law Group, PLLC. today at 1-866-4NYLAWS (1-877-469-5297) for more information. After you lose your job, the last thing you should have to worry about is how to pay for your lawyer. At Derek Smith Law Group, PLLC., we handle our cases on a contingency fee basis which means that there is no fee unless we recover. The more we recover for you, the more we recover for us, thus making the firm and the client mutual financial partners seeking the maximum recover for both. This arrangement provides the financial incentivize for us to obtain the maximum recovery for you in the fastest time, whether by pre-suit negotiations, mediation, litigation or trial. We have obtained millions of dollars on behalf of our clients and we take great pride in our accomplishments for them. If you have a case worth pursuing, we would be honored to represent you.
If you feel you are the victim of improper or illegal termination, contact the New York City attorneys at Derek Smith Law Group, PLLC to schedule an initial consultation to discuss your wrongful termination claim. Our experienced wrongful termination attorneys in New York are ready to fight for and protect your rights. The Employment Law Attorneys at the Derek T. Smith Law Group, PPLC represent employees in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island and throughout New York. We also serve employees in New Jersey as well as Pennsylvania.
Our goal is to get the best possible results for you. If you have questions about wrongful termination or would like to speak with us regarding your case, please feel free to contact New York City Discrimination & Sexual Harassment Attorney Derek T. Smith, Esq. personally at the law firm of Derek Smith Law Group, PLLC by calling our toll-free number 877-469-5297 today.
To help you get started with a free consultation, please fill out the contact form on the top right side of this page and click submit – or if you prefer, call our office at: 877-4NYLAWS (877-469-5297)