Private sector businesses in New York are permitted to fire employees without cause. There are, however, situations in which a discharge may be illegal. You could be eligible to file a lawsuit if you believe you were fired without reason.

When someone is fired or laid off for an unlawful purpose, it is known as wrongful termination. Companies who fire an employee for discriminatory reasons, such as their religion, gender, age, sexual orientation, or disability, are unlawful. Getting fired for reporting a workplace safety violation or criminal activity that your company is engaging in also qualifies as an illegal reason.

An employer cannot fire an employee for any unlawful cause, even in cities with at-will employment.

If you feel you've been fired and have a wrongful termination claim, call the NY wrongful termination attorneys at Brandon J. Broderick to discuss your case. We can help you get the justice you deserve.

At-Will Employment in New York

Since New York is an at-will state, all employees are regarded as "at-will" workers, with exceptions. What this means is an employee may be terminated at any moment and without cause for any reason. While an employer's justification for firing an at-will employee may appear unfair, unethical, or even immoral, it still might be upheld as legal.

Being Fired For Illegal Reasons 

Employment Contract Violation

Checking your job contract should be your first step if you have one. Your contract may have a provision stating that your employer may only let you go if you fall short of a set of standards or benchmarks. If this is the case and you complied with your obligations, your employer is not legally allowed to fire you. Similar to this, some contracts specify that you may only be fired for "cause". Your employer cannot dismiss you if you haven't engaged in any behavior that qualifies as "cause" under the terms of the contract.

Discrimination

If your termination was the consequence of discrimination based on your race, color, nationality, sex, religion, handicap, pregnancy, age, or other classes as protected by New York law, it is illegal even if your employer may not have explicitly stated this to you.

Try to recall if someone at work ever said something offensive to you while you were there. If they did, it may serve as proof that illegal discrimination led to your firing.

Retaliation

Employers may illegally retaliate against their workers in a variety of ways. Your termination was unlawful if it was the result of one of the following grounds:

• Because you attempted to organize a union;
• Because you took family or medical leave;
• Because you reported them to the authorities for any legal violations;
• Because you informed them of sexual harassment;
• Because you participated in an official investigation into the employer's practices;
• Or because you sat on a jury.

Additionally, you cannot be fired by your employment for exercising your right to vote or taking part in political or leisure activities on your own time.

Brandon J. Broderick Is Here To Protect Your Right

You should speak with a wrongful termination attorney at Brandon J. Broderick if any of these scenarios apply to you. A legal action for wrongful termination against your company may be an option, and our team can help you with your case.

If you win in your lawsuit, your employer will be required to pay your lost wages and, in some circumstances, additional damages. You have the right to fight back if you've been fired illegally because nobody deserves it.

Call us today to schedule a free consultation.