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Wrongful Termination

New York City Wrongful Termination Lawyer

Can You Be Fired for No Reason In NYC?

The labor laws regarding termination in New York do not make it a “right to work” state meaning that you can be fired for no reason. The term “wrongful termination” is misleading because in New York and most other states, without a written agreement for a specific term, employment is “at will.” The NY law allows your employer to fire you on a whim or for a totally arbitrary reason. This makes New York an at-will employment state.

This means that employers can fire or terminate you for any reason, or for no reason at all, unless:

  • (1) Your rights are protected under employment discrimination laws. Employers cannot discriminate against you on the basis of age, sex or gender, race, national origin, disability or perceived disability, pregnancy status, marital status, or sexual orientation.
  • (2) You have an employment contract, either written or implied, with the employer, who agreed that you cannot be fired without just cause for a specific period of time. The terms of the contract will usually determine the reasons for which you can be fired.

Otherwise, employers may terminate employees for any reason or for no reason. Employers may fire you if they don’t like you, or even if they just don’t like the clothes you’re wearing. In other words, it is not illegal for employers to be “mean” or to be “wrong” when they fire you.

To schedule a consultation with our experienced New York wrongful termination lawyer, call (646) 490-0221 or fill out our online form today!

What Are Examples of Wrongful Termination In NYC?

  • Employment Discrimination - New York State and federal laws prohibt discrmination because of an employee's protected class such as race, religion, gender, disability, etc. That includes termination of said employment. If you experienced a pattern of discriminating behavior up until or even after you were fired, you may have a case for wrongful termination.
  • Retaliation - Employer retaliation can take many forms but wrongful termination is one of the most effectuve. An employer might fire you for filing a workers' comp claim after an injury. Your boss might want to get rid of you after you rebuffed his sexual advances. Or you might be terminated for becoming a whistleblower.
  • Pregnancy - A pregnant employee's position at their company is protected while on FMLA leave, however, that does not stop some employers from trying to skirt around federal regulations. If you were fired after reporting your pregnancy or soon after you returned to work, you might have a case for wrongful termination.

Do I Have a Case for Wrongful Termination?

Wrongful termination means firing someone because of their race, religion, gender, disability status, or membership in another protected category, or firing someone as a form of retaliation. If you believe to have been fired from your job for any of those reasons contact Schwartz Perry & Heller LLP.

What Damages Can You Recover from a Wrongful Termination Case?

In a wrongful termination case, individuals who believe they have been unjustly dismissed from their employment may seek to recover various damages as a result of the adverse actions taken against them. While the specific damages awarded can vary depending on the circumstances of each case and the applicable laws, there are several common types of damages that may be sought in such legal proceedings:

  • Back Pay and Front Pay: Back pay refers to the wages and benefits the terminated employee would have earned from the date of termination until the resolution of the case. This includes any salary, bonuses, and other compensation they would have received.
  • Front pay is similar but covers the future earnings and benefits that the employee may have expected had they continued working for the employer.
  • Reinstatement: In some cases, a court may order the reinstatement of the wrongfully terminated employee to their former position. Reinstatement aims to place the employee back in the same or a similar position they held before the termination.
  • Compensatory Damages: These damages are intended to compensate the employee for any losses suffered as a direct result of the wrongful termination. This may include damages for emotional distress, mental anguish, and other non-economic harm caused by the termination.
  • Punitive Damages: Punitive damages are awarded to punish the employer for particularly egregious or malicious conduct leading to the termination. These damages are not intended to compensate the employee but rather to deter similar behavior in the future.
  • Legal Fees and Costs: Successful plaintiffs in wrongful termination cases may be entitled to recover reasonable attorney fees and legal costs incurred during the litigation process. This provision is designed to alleviate the financial burden on the wrongfully terminated employee seeking justice.
  • Benefits: Wrongfully terminated employees may seek compensation for lost or diminished benefits such as health insurance, retirement contributions, stock options, and other perks that would have been available had the employment relationship continued.
  • Training or Rehabilitation Costs: If the termination hinders the employee's ability to secure comparable employment, the court may award damages for retraining or rehabilitation expenses to enhance the individual's employability.

Contact our New York City wrongful termination lawyer by calling (646) 490-0221 today!

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    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

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    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

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    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
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    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
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