In most states, the company that you work for has the legal right to terminate your employment when they choose. This means that you could lose your job with no warning and without even receiving an official reason for your termination. However, employers in the state of New York are still bound under certain laws regarding hiring and firing, and these ensure that you don’t lose your job based on discriminatory factors. There are some ways you can determine whether you have a case for wrongful termination against your former employer.
At-will employment
Most states in this country operate under “at-will employment.” That means an employer is not obligated to tell you why you are losing your job, nor do they have to provide any warning before firing you. This gives most of the power concerning termination to the employer, but there may still be options available should you decide to fight your dismissal. The question is whether the circumstances fall under the legal concept of wrongful termination.
What constitutes wrongful termination?
There are federal laws in place that dictate what makes a termination wrongful. If your employer has fired you for any of the following reasons, you may have a legal case against your former boss:
- Breach of contract
- Whistleblowing
- Discrimination
- Sexual harassment
- Physical violence
- Age discrimination
- Violation of public policy (such as firing an employee for taking maternity leave)
Filing deadlines for wrongful termination claims in New York are strict and vary by agency. You can file claims with the Equal Employment Opportunity Commission (EEOC) within 180 to 300 days of the alleged discrimination or retaliation, or with the New York State Division of Human Rights (NYSDHR) within one year of the discriminatory act. Acting quickly to preserve your rights is essential, as these deadlines are strictly enforced. Employment claims are subject to strict filing deadlines, and acting quickly can protect your rights.
The company you once worked for almost certainly has a team of attorneys who are ready to fight you in court to protect their client. If you want to have a chance of winning your wrongful termination suit against your former employer, consider enlisting the services of your own legal counsel.
