NYC Wrongful Termination

Wrongful termination is not, in itself, a cognizable claim in New York City.  New York City is an at-will employment jurisdiction. This means that employment law in New York City is not always fair, and it is not always just.

In New York City, unless you have a contract of employment that states otherwise, or unless you are a member of a labor union, you can be terminated –- that is, fired -- for any reason or no reason, good reason or bad reason, as long as it’s not a reason that’s prohibited by statute or public policy.

Most reasons for termination that are prohibited by statute or public policy fall into the categories of discrimination or retaliation. That is, either the firing is discrimination against you based on your membership in a protected class (for example, your race, color, religion, sex, or national origin), or the termination is retaliation against you for engaging in legally protected conduct (for example, complaining about discrimination or harassment in the workplace). Employees who are fired for taking part in protected conduct are often called "whistleblowers."

Situations that may constitute wrongful termination include:

Breach Of Employment Contract: It is common for executives in New York to have employment agreements in writing that state that the executive can only be fired for cause, good cause, good reason, or the like.

Similarly, certain groups of professional employees, such as medical doctors and dentists, often have written employment contracts that protect them from arbitrary discharge from employment.

An executive or a professional’s employment agreement may also contain a notice and opportunity to cure clause. Such a clause provides that before the business can discharge the executive or professional for materially breaching those provisions of the executive employment agreement whose breach the contract states may bring about termination, the business must give, to the employee, a specified period of written notice and an opportunity, during that period, to cure the breach.

Your time to sue for breach of your employment contract is limited. If you are an executive or a professional in the New York City metropolitan area and you believe you have been wrongfully fired, call New York City Wrongful Termination Attorney David S. Rich today.

Unlawful Reasons for Termination: Though employers in at-will states do not have to show good cause for firing you, they do have to prove that they are not firing you for certain prohibited reasons. NYC employees are protected from termination for a number of unlawful reasons, including, for example:

Discrimination: Employees are protected from discrimination on the basis of:

1. Race
2. Sex
3. Sexual Orientation
4. National Origin
5. Religion
6. Age
7. Marital Status
8. Disability
9. Military Status

Whistleblowing: Being a whistleblower means refusing to participate in, or even reporting, behavior on the part of a company or employer that you reasonably believe is illegal or that you reasonably believe endangers public health and/or safety. It is illegal to fire someone for whistleblowing.

However, there are requirements for whistleblowing claims. In certain circumstances, you must notify your employer of the harmful behavior or policy and give them a reasonable chance to correct it. If they do not correct it and you refuse to facilitate it and/or you report it, your employer cannot fire you.

Labor Union Activity: Labor unions are protected by labor laws in New York City (including in the borough of Manhattan) and more generally in the United States. In NYC, employers cannot legally fire you for participating in labor unions or for engaging in union-building activities. This includes joining labor unions, attempting to form a union, or acting in support of the formation of a union.

Notably, these protections extend both to formal labor unions and to any informal, collective actions with your coworkers to improve your pay or working conditions.

Worker’s Compensation: If an employee is injured or disabled on the job, they have the right to pursue worker’s compensation or disability benefits. If an employer retaliates against an employee for filing for worker’s compensation or disability, or for helping themselves or someone else obtain worker’s compensation or disability benefits (including by testifying at a worker’s compensation hearing), then it may qualify as wrongful termination.

Claiming Family and Medical Leave Act (FMLA) or Sick Leave Benefits: In New York City (including the borough of Manhattan) and throughout the United States, certain employees are entitled to a certain amount of paid sick leave and Family and Medical Leave Act (FMLA) benefits.

Sick leave entitlements depend on the size of a given employer. For instance, employers with 100 or more employees must provide up to 56 hours of paid sick leave per calendar year, while employers with 5 - 99 employees must only provide 40 hours.

FMLA leave, meanwhile, entitles all employees, both in New York City (including the borough of Manhattan) and throughout the U.S., who have worked for at least 12 months (clocking at least 1,250 hours) to up to 12 weeks of unpaid leave to deal with a serious illness or to care for an immediate family member.

If an employer fires an employee for requesting sick leave or FMLA leave for which they are eligible, it may constitute wrongful termination.

Taking any Employee Benefits: Different types of employees are entitled to different benefits under the law. Filing a claim for those benefits or otherwise acting within your rights to pursue those benefits is protected under the law, and it is illegal for an employer to fire you for doing so.

Labor Violation Complaints: In a slight variation of the whistleblower protections, any employee who complains about labor law violations to their employer, their coworkers, their union, or other authorities (such as the Attorney General or the Department of Labor) is legally protected. If you employer fires you for complaining about labor violations, it may be considered wrongful termination.

Participation in Lawful Political Activities (Outside of the Workplace): No matter who you work for, you have a right to participate lawfully in political activities. This right is enshrined in the First Amendment to the U.S. Constitution. Unfortunately, some employers attempt to infringe upon that right by firing employees that participate in legal political activities that the employers do not agree with, or that the employers feel are at odds with the business. If you were fired for participating in a legal, political activity on your own time (like participating in a legal demonstration, or petitioning your senator), it may constitute wrongful termination.

Serving Jury Duty: Every resident of NYC (including residents of Manhattan) has the obligation to present for jury duty when called, and to potentially serve jury duty if selected. In some cases, this can cause employees to miss quite a bit of work, especially in protracted and high-profile cases. If you have been fired for participating in any part of the jury duty process, it constitutes wrongful termination.

Do you believe you have been wrongfully terminated in NYC? Borough Of Manhattan Wrongful Termination Attorney David S. Rich is ready to help. Mr. Rich will help you pursue all claims and damages owed to you, and will vigorously fight to get you the just compensation that you deserve. Don’t wait! Reach out today at (347) 941-0760 for a consultation on your case.