In New York City, like many other places in the United States, employment is often considered “at-will.” This generally means that employers have the right to terminate an employee at any time, for almost any reason, or even no reason at all. Likewise, employees are typically free to leave their job whenever they choose. However, this at-will doctrine has important limitations, especially when it comes to wrongful termination. If you believe you’ve been unfairly dismissed, a Wrongful Termination Lawyer Nyc from Mansell Law can provide crucial guidance. We are dedicated to protecting employee rights and ensuring employers are held accountable when they violate the law.
What Situations Constitute Wrongful Termination in NYC?
While New York is an at-will employment state, there are significant legal protections in place to prevent unlawful firings. Wrongful termination occurs when an employer fires an employee for illegal reasons. Here are the primary categories of wrongful termination in New York City:
Illegal Discrimination
Federal, state, and city laws prohibit employers from discriminating against employees based on protected characteristics. These laws include Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and the New York State and City Human Rights Laws. Protected characteristics include:
- Race
- Religion
- Sex/Gender (including pregnancy and sexual orientation)
- National Origin
- Age (40 and over)
- Disability
- Marital Status
- Military Status
- Genetic Predisposition
If your termination was motivated by discrimination based on any of these factors, it is illegal. Employers often attempt to mask discriminatory firings with seemingly legitimate reasons. A skilled wrongful termination lawyer NYC is essential to uncover pretext and prove the true discriminatory motive behind your discharge. We at Mansell Law have extensive experience in demonstrating discriminatory practices and holding employers responsible.
Illegal Retaliation
It is unlawful for employers to retaliate against employees for exercising their legal rights. This is a common form of wrongful termination. Retaliation can take many forms, but firing an employee for engaging in protected activities is a severe example. Protected activities include:
- Complaining about workplace harassment or discrimination
- Reporting wage and hour violations (like unpaid overtime)
- Filing a workers’ compensation claim after a workplace injury
- Requesting leave under the Family and Medical Leave Act (FMLA)
- Whistleblowing – reporting illegal or unethical activities by the employer
Employees who report illegal activities, fraud, or unsafe practices are particularly vulnerable to retaliatory firing. If you were terminated shortly after engaging in any of these protected activities, it is crucial to consult with a wrongful termination lawyer NYC to assess whether you have a retaliation claim. Mansell Law is committed to protecting whistleblowers and employees who stand up for their rights.
Breach of Employment Contract
The at-will employment doctrine does not apply to employees who have a valid employment contract. Contracts can significantly alter the employment relationship and limit an employer’s ability to terminate employment. Employment contracts can be:
- Express Written Contracts: These formal agreements may specify the duration of employment, conditions for termination (requiring “cause” or “just cause”), and procedures the employer must follow before termination.
- Implied Contracts: Even without a formal written contract, promises made in employee handbooks, policy manuals, or other company documents can create an expectation of continued employment and limit at-will employment.
Public sector employees in New York often have statutory protections that outline specific grounds and procedures for termination. Similarly, employees covered by union-negotiated collective bargaining agreements typically have protection against arbitrary firings. If you believe your termination violated the terms of an employment contract or implied agreement, a wrongful termination lawyer NYC can analyze your situation and advise you on your legal options.
Seek Guidance from a Wrongful Termination Lawyer NYC
If you suspect that you have been wrongfully terminated from your job in New York City, it is imperative to seek legal advice as soon as possible. At Mansell Law, our experienced New York employment lawyers are ready to evaluate your case and help you understand your rights. We offer a no-cost consultation to discuss your situation and determine the best course of action. Contact Mansell Law today at 646-921-8900 to speak with a dedicated wrongful termination lawyer NYC.
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