When you work hard, put in the time, and follow the protocols of your place of employment, you expect to be treated fairly and with respect. Unfortunately, many New York employees face wrongful termination by the hands of their employers. If you believe that your firing was a result of wrongful termination, Brown Kwon & Lam will fight for you.
At-Will Employment in New York
New York is an at-will employment state, meaning that an employer may terminate an employment contract at any time for any reason. However, if the termination is a result of discriminatory actions, the termination is illegal.
Permissible terms of termination include:
- History of performance issues
- Conflicts within staff
Though New York is an at-will employment state, that does not mean employers will use the above situations to terminate someone wrongfully.
This can include only terminating people of color in the workplace when it comes to downsizing, issues with one group of employees of a protected class, and more.
Types of Wrongful Termination in New York
Wrongful termination can look like a variety of things. Most commonly, employers will try to mask a firing as an unrelated issue. However, in many cases, employees know that there is something going on behind closed doors.
Common forms of wrongful termination in New York include:
- Discrimination on the basis of a protected category like race, sex, gender, disability, national origin, etc.
- Breach of contractual obligations
- Employment policy
- Public duty such as jury duty, voting, etc.
Unless your employment contract specifically states the terms of your employment in regards to hiring and firing, proving wrongful termination in New York can be difficult–but not impossible.
How to Prove Wrongful Termination In New York
When you suspect your firing was a result of wrongful termination in New York, it’s important that you have some evidence to support your theory. Best case scenario, your employment contract may be used to show that you were wrongfully terminated.
In some cases, your employee rights attorney may be able to review the language of the contract against the events that preceded your termination to prove it was unlawful. This may include the use of sick time, time off for civic duties like jury duty and voting, etc.
If discrepancies in your contract do not exist, it may become a bit more difficult to prove. If you believe you were wrongfully terminated because of your status as a member of a protected class, you will have to show a pattern of behaviors that support this.
Such behaviors may include:
- Discriminatory comments
- Disparate treatment between employees of a different class
- Sexual harassment
You may need to show evidence in the form of witness testimony, emails, voice mails, etc. to support these claims.
When your wrongful termination case shows it is in violation of federal and state laws, you will need a trusted employee rights attorney to fight for you. You’ll need Brown Kwon & Lam.
New York Wrongful Termination Attorneys: Brown Kwon and Lam
If you are fired, you may feel shocked and uncertain about what to do next. But if you believe that your termination is actually a case of wrongful termination, you need legal support. Brown Kwon & Lam is the New York wrongful termination lawyer for employees in New York City. Call us today. We’ll review your case and bring your former employer to task.