How to prove wrongful termination in New York?
The easiest wrongful termination cases involve employment contracts. Contrasting the plain language of the contract with the actual termination events can be sufficient to prove that a termination was unlawful.
What should I do if I think I’ve been wrongfully terminated?
Wrongful termination can devastate families and careers, but it doesn’t have to go unchecked. Federal and state laws are in place to address the complexities of wrongful termination cases and to protect employees who have been treated unfairly.
When to file a wrongful termination claim against an employer?
Such claims result from an alleged violation of federal or state anti-discrimination laws, employment contracts or labor laws, including whistle-blower laws. A wrongful termination claim can also be filed when an employee believes the termination was due to sexual harassment or in retaliation to a complaint or workers’ compensation claim.
What does it mean to be wrongfully fired from a job?
Wrongful termination, also called wrongful discharge, is a legal term used to describe a situation in which an employee is fired as a violation of a written or implied contract, a violation of legal doctrine or public policy or a violation of federal or state law.
When does wrongful termination occur in New York?
NY Wrongful termination exists when the termination is unlawful. This occurs if the termination breached an existing employment agreement or violated one of the laws that protect New York employees.
When is an employee fired in New York?
NY Wrongful termination occurs when an employee is fired for an illegal reason. But NY wrongful terminations are rare. This is because most all New York employees are employees-at-will. An employee-at-will can be fired for any reason or no reason at all. Fairness is not required.
What happens when an employee is wrongfully terminated?
When terminated, the first reaction of most employees is shock. Unless the reason was obvious and building up for a while, most terminations are a surprise. Many employees will automatically assume it was a “wrongful termination” without realizing that that legal term applies only to a limited class of cases.
What to do if you get fired for no reason?
If you have a contract, check its terms and consult a private attorney as soon as possible if you think your discharge is a contract violation. Unlawful Reasons for Termination: Various laws prohibit firing or discriminating against workers for certain specific reasons.