Have You Been Laid Off in NY Unlawfully?
Wrongful termination in New York City, or unlawful termination, is a widely misunderstood topic. New York, like many others, is an “at will” state. Meaning, unless you have a written employment contract, your employer may fire you without cause. There are exceptions, however. The seasoned employment law attorneys at Castronovo & McKinney can assess your personal experience to determine whether or not you have a case.
Wrongful Termination Laws in NYC
If you were terminated for discriminatory reasons or in violation of labor laws or public policy, there may be grounds for an unlawful termination case. You are protected from unfair treatment on the job if it’s motivated by your race, sex, age, disability, religion, pregnancy or sexual orientation. Both federal and state law offer legal protection from this type of discrimination. In addition, discrimination by association or “associative discrimination” prohibits your employer from firing you due to your connection with a member of one of the legally protected categories.
Federally, Title VII of the Civil Rights Act of 1964 is the law that addresses discrimination and applies to employers with 15 or more employees. It legally prohibits employers from hiring, firing or performing any other discriminatory actions in the workplace because of the worker’s race, color, national origin, religion or sex (including pregnancy). In New York City, the New York State Human Rights Law and New York City Human Rights Law extend state protection to workers. Similarly, this law protects from wrongful termination based on marital status, domestic partnership status, sexual orientation, or military status, and applies to employers with at least four employees.
Are You The Victim of Relatiation?
Additionally, if your employer fires you in violation of federal and New York state labor laws or in retaliation for complaining about or reporting him for wrongdoing, this may constitute wrongful termination. You could be covered under the Whistleblower Protection Act of 1989 and other state laws. New York City is a leader in the country for its broadness of anti-retaliation provisions. Your employer may not fire you in retaliation if you complain of discriminatory treatment based on your citizenship status, a physical or mental disability, an arrest record or victim status for domestic violence, sex offense or stalking, as well as other protected classifications. If you report health and safety violations, illegal wages or working conditions, or file a claim for workers compensation, your employer may not legally terminate you in retaliation for these actions either.
Contact Our Office
The laws addressing wrongful termination in New York City are varied and complex. If you believe you have been unlawfully discharged, contact one of our experienced employment lawyers to help make this determination and seek legal remedies. You may be entitled to back wages and in particular circumstances, punitive damages. Castronovo & McKinney’s employment law attorneys are knowledgeable of the applicable federal, state, and city laws and can assist you in determining if you have a valid claim for unlawful termination.