Did Your Employer Unlawfully Discharge You In The Financial District?

In New York law, as a professional or an executive, you are considered an employee. You have the same legal protections against discrimination or retaliation in employment as to any employee in New York.
Your termination is unlawful if it breaches your employment agreement with your employer. So, too, your firing is unlawful if it violates a statute or public policy, such as by discriminating against you on the basis of a protected classification, or by retaliating against you because you engaged in protected activity.
New York is an at-will employment state. This means that employment law in New York is not always fair, and it does not always conform to popular notions of right and wrong.
Most reasons for termination that are prohibited by statute or public policy fall within the categories of discrimination or retaliation. That is, either the discharge is discrimination against you based on your membership in a protected class (for example, your race, color, religion, sex, national origin, sexual orientation, or transsexual status), or the firing is retaliation against you for engaging in legally protected activity (for example, complaining about discrimination or harassment in the workplace. or objecting to an activity of the employer that you reasonably believed violates a law or regulation). Employees who are discharged or taking part in protected activity are often called "whistleblowers."

Discrimination in Employment. In New York City, employers may not bar or discharge from employment or refuse to hire or employ a person, or discriminate against an individual in compensation or in terms, conditions, or privileges of employment, because of the person’s actual or perceived age, race, creed, color, national origin, gender, disability, marital status, domestic partnership status, caregiver status, sexual and reproductive health decisions, sexual orientation, alienage or citizenship status, domestic violence victim status, sex offenses victim status, stalking victim status, unemployment status, or consumer credit history.

Retaliation in Employment. In New York State, employers are prohibited from firing, or taking other adverse actions against, an executive or a professional because the executive or professional discloses or threatens to disclose to a supervisor or to a public body, provides information to or testifies before a public body about, objects to, or refuses to take part in, an activity, policy or practice of the employer that the executive or professional reasonably believes violates a federal, state, or local law, rule, or regulation or that the executive or professional reasonably believes poses a substantial and specific danger to the public health or safety.

Breach of Employment Agreement. Usually, in an executive employment agreement, there is a clause providing that the executive or professional can only be fired for cause, good cause, good reason, or the like. The employment agreement contains a particular description of what is cause. Some of the categories of conduct that an executive employment agreement may bring within its definition of cause are:

• failure or neglect by the employee to perform the duties of his or her position;
• insubordination;
• a material breach of the employment agreement;
• conviction of certain categories of felonies or misdemeanors; and
• fraud or embezzlement against the employer.

In deciding whether an executive or a professional with an executive employment agreement has a cause of action for wrongful termination when they are fired, one needs to review the categories of conduct that the employment agreement categorizes as cause. One must then analyze whether the employee’s conduct that the employer asserts is cause falls within any of these categories. If not, the executive or professional possesses a cause of action for breach of his or her employment agreement.

If you believe that you may have been wrongfully terminated, contact an adept New York City Wrongful Termination Lawyer today.

In order to prove wrongful termination in New York, one must prove by a preponderance of the evidence that an employer violated employment laws and/or contract terms. The basis for the executive’s or professional’s wrongful termination claim may be discrimination in employment, retaliation in employment, or breach of the executive’s or professional’s employment agreement. Key steps to take include:

1. Gather Evidence: Collect, and give to your New York City Wrongful Termination Lawyer, the business’s employee handbook; your performance evaluations; other claims of discrimination or retaliation brought by you, the employee; a list of all questionable conduct on the part of the employer; and all corroborating e-mail messages, witness statements, and memoranda. Among the purposes of gathering this documentary evidence is to show that the legitimate, non-discriminatory reason that your employer gave for your termination is not the real reason, but rather is a pretense for discrimination or retaliation.
2. Demonstrate a Protected Class or Activity: Prove that you belong to a protected class (for example, your race, color, religion, sex, or national origin) or engaged in protected activities (for example, reporting discrimination or harassment).
3. Establish a Causal Link: Show a direct correlation between your protected class or protected activity and your employer’s firing of you.
4. Negotiate a Settlement: Have your New York City Wrongful Termination Attorney draft a complaint setting forth your allegations and claims and to send it to your employer with a short letter. The letter states that, unless the employer contacts your lawyer within X days to undertake to resolve this dispute, you will file, in court, the accompanying Complaint and prosecute your claims.
5. Prosecute a Lawsuit: If it is not possible to settle your case out of court, then, through your New York City Wrongful Termination Lawyer, bring and prosecute a lawsuit (or, if there is an arbitration agreement, an arbitration) against your ex-employer.

Throughout this process, proper legal representation is essential. By retaining a skillful New York City wrongful termination lawyer, you will maximize your likelihood of obtaining a substantial monetary settlement or award.

Contact A New York City Wrongful Termination Law Firm Today

The Law Offices Of David S. Rich is proud to represent professionals, executives, and other employees in the Financial District, New York City, 10006.

After being unlawfully discharged in the 10006 zip code or elsewhere, you are likely overwhelmed and unsure of what to do next. Fortunately, you don’t have to go through this process alone. If you believe that you were wrongfully terminated or that you’re in peril of wrongful firing, be sure to enhance your likelihood of success and to maximize your monetary settlement or award by retaining an adept New York City Wrongful Termination Law Firm.

A skilled New York City Employment Law Firm will analyze the facts of your case and determine whether you have viable legal claims against your former employer. Provided that you have such claims, an experienced New York City Wrongful Termination Law Firm will be with you every step of the way to ensure you maintain your credibility with your former employer, to negotiate, with your ex-employer, a fair monetary settlement for you, and/or to zealously prosecute your lawsuit against your ex-employer.

Are you ready to get started with a legal plan that puts your welfare first? If you live or work in the 10006 zip code or you are or were employed in New York City’s financial services industry, the Law Offices Of David S. Rich is here to help. Call us at New York (347) 418-0672 | New Jersey (201) 884-2114 to speak with a member of our team today or contact us online! We look forward to hearing from you.