What is Considered Wrongful Termination in NY?

Apr 28, 2023

" "Have you recently lost your job for an unfair reason? You can pursue legal action against your employer if you think they wrongfully terminated you. In New York, a wrongful termination employee’s attorney can review your case and familiarize you with the laws that protect employees. At The Towne Law Firm, P.C., you’ll meet with an experienced wrongful termination lawyer in our Albany NY office to talk about your options.

What Is Considered Wrongful Termination in NY?

There are several types of wrongful termination, which involves an employer unfairly firing an employee. Here are a few examples of wrongful termination based on discrimination:

  • Retaliation: An employer fires you in retaliation for reporting illegal activity or unsafe work conditions.
  • Discrimination: An employer fires you based on race, gender, religion, age, disability, or sexual orientation.
  • Breach of Contract: Your employer violates the terms of a written or implied employment contract.

What Laws Protect Employees from Wrongful Termination in NY?

Several state and federal laws protect employees from wrongful termination in NY. In this section, you’ll find information about how these laws protect you and can help you build your wrongful termination case.

These laws outline discrimination based on age, sexual orientation, disability, and other categories such as race and gender. They also give you the right to take legal action against your employer if they fire or furlough you unfairly.

The laws include:

  • The Americans with Disabilities Act (ADA): Prohibits discrimination against employees with disabilities regarding decisions for hiring, firing, and promotions. If you have a disability, employers must provide reasonable accommodations so you can perform your duties.
  • The Age Discrimination in Employment Act (ADEA): This law protects you from discrimination based on your age. It applies to all hiring, firing, promotions, and pay decisions and refers to employees 40 years and older.
  • The New York State Human Rights Law (NYSHRL): Prevents discrimination based on age, race, gender, sexual orientation, disability, and other categories. It applies to employers with four or more employees.

These laws protect you from discrimination at work. It’s important to understand your rights. At the same time, employers should comply with these laws to create a fair, inclusive workplace.

Several state and federal laws protect you from wrongful termination in NY:

  • The Family and Medical Leave Act (FMLA) gives you the ability to take up to 12 weeks of unpaid leave. You can use this time to recover from surgery, childbirth, and other medical procedures. You can also use it to take care of a sick or disabled family member. Your employer can’t fire you for taking FMLA leave.
  • The National Labor Relations Act (NLRA) safeguards your right to form or join a union. It prohibits retaliatory acts by your employer. You can file a claim under the NLRA if your employer retaliates after you attend union events.
  • The Fair Labor Standards Act (FLSA) protects your right to minimum wages and overtime pay. If your employer lets you go for insisting on your rights, they are in violation of the FLSA.

The laws protecting employees from wrongful termination in NY vary, depending on the circumstances of each case. If you’re discriminated against at work, hire employment law attorneys to evaluate your situation and determine the next steps.

Example of Wrongful Termination

Mandy is the victim of sexual harassment when her supervisor, Nick, demands a sexual favor in return for a promotion. The company’s HR manager dismisses the complaint after Nick denies the allegations.

Mandy asks her coworker Tameka to act as a witness since she overheard Nick’s demands. Tameka’s detailed testimony supports Mandy’s case significantly. After testifying, Tameka is fired for poor performance despite consistently excellent performance evaluations.

Tameka probably has a strong wrongful termination case against her employer.

How The Towne Law Firm Can Help

If you have been wrongfully terminated, seek the help of experienced wrongful termination lawyers in Albany, NY. The Towne Law Firm P.C. advises and represents both employers and employees in employment law cases, including wrongful termination. Our employee discrimination lawyers guide you through the process of seeking justice.

Contact our wrongful termination lawyers in Albany, NY today to schedule a consultation.