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Your Legal Rights Against Wrongful Termination in New York

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Your Legal Rights Against Wrongful Termination in New York

Losing a job is stressful and even traumatizing. When it happens because of retaliation, discrimination, or other wrongful acts, it can even be illegal. New York workers have specific protections against wrongful termination. If those rights were violated, you could be owed substantial compensation from a civil lawsuit.

The attorneys at Daniels, Porco & Lusardi, LLP help you understand New York’s wrongful termination laws and protect your rights. Get in touch today to learn how we can help.         

At‑Will Employment: The Starting Point

Most employees are considered at-will, even in New York. This means:

  • Your employer can terminate you at any time
  • You can leave your job at any time
  • No advance notice is required

Even if this is true, your employer is not allowed to fire you for unlawful reasons. If the firing violates state or federal law, violates a contract, or retaliates against you it could be an illegal firing.

Illegal Reasons for Termination in New York

Even for at-will employees, you’re not allowed to be fired for illegal reasons. These may include, but are not limited to:

1. Discrimination

New York employers cannot terminate employees based on:

  • Race or color
  • National origin
  • Religion
  • Sex, gender identity, or sexual orientation
  • Age (40+)
  • Disability
  • Pregnancy
  • Marital or familial status

These protections come from both federal law (like Title VII and the ADA) and New York’s Human Rights Law, which is even broader.

2. Retaliation

It is illegal for employers to fire employees for engaging in protected activities, such as:

  • Reporting discrimination or harassment
  • Filing a workers’ compensation claim
  • Requesting a reasonable accommodation
  • Participating in an internal or external investigation
  • Reporting safety violations or illegal conduct

New York’s whistleblower law (Labor Law § 740) was expanded to protect employees who report a wide range of unlawful or dangerous employer practices.

3. Termination for Protected Leave

Employers cannot fire employees for taking legally protected leave, including:

  • FMLA leave
  • Paid family leave under New York law
  • Military leave
  • Jury duty

If you were terminated shortly after requesting or taking leave, the timing may indicate retaliation.

4. Breach of Contract or Policy

Some employees are not at‑will. You may have wrongful termination rights if:

  • You have an employment contract
  • You are covered by a union agreement
  • Your employer’s handbook creates enforceable promises

Even without a formal contract, certain written policies can limit an employer’s ability to terminate you.

Signs Your Termination May Be Unlawful

Wrongful termination is not always obvious. Red flags include:

  • Sudden negative reviews after years of strong performance
  • Termination shortly after reporting misconduct
  • Inconsistent or shifting explanations for the firing
  • Replacement by someone outside your protected class
  • Termination soon after requesting accommodations or leave
  • Being singled out for discipline while others are not

What Compensation Might Be Available?

Depending on the circumstances, New York employees may be entitled to:

  • Back pay and lost wages
  • Front pay (future lost earnings)
  • Compensation for emotional distress
  • Reinstatement
  • Attorneys’ fees
  • Punitive damages in cases of egregious misconduct

Steps to Take If You Believe You Were Wrongfully Terminated

Rules about wrongful termination and a gavel

If you suspect your termination was illegal, taking the right steps early can strengthen your position:

  • Document dates, conversations, emails, and performance reviews
  • Request your personnel file if available
  • Preserve evidence such as texts, emails, and policy documents
  • Identify witnesses who may have seen or heard relevant events
  • File complaints promptly — many claims have short deadlines
  • Consult an employment attorney to evaluate your rights

Acting quickly is critical. Some claims, such as discrimination charges with the EEOC, have filing deadlines as short as 300 days.

You Are Protected From Wrongful Termination Under New York Law — Contact Us for Help

Our skilled legal team has the decades of experience needed to fight for your rights. We understand how difficult this is, but you should not have to face it alone. Pursue compensation and your other rights with a wrongful termination lawsuit.

The attorneys at Daniels, Porco & Lusardi, LLP are ready to help. Contact us today for a consultation.