Losing a job can be one of the most stressful experiences a person faces, especially when the circumstances feel unfair or unexpected. Many private-sector employees are considered “at-will” in states such as New York, which means that an employer can terminate employment at any time, and the employee can quit at any time.  However, the law still places limits on when and why an employer can fire someone.

Wrongful termination occurs when an employee is fired for an unlawful reason. This may include termination based on discrimination, retaliation for protected activity such as reporting certain misconduct or exercising workplace rights, violations of employment contracts, or termination that violates public policy. Federal laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) prohibit termination based on protected characteristics or because an employee engaged in legally protected activity. 

Stand-Up for Yourself

Employees who believe they were wrongfully terminated on the basis of discrimination and/or unlawful retaliation may have the option to file a complaint with the Equal Employment Opportunity Commission (EEOC) or their State or local agency. If the termination was based on retaliation against an employee’s reporting of unsafe or illegal conduct, complaints can be filed with other government agencies that handle whistleblower protections and workplace safety concerns. Learn more about what you can do if you believe that you are a victim of wrongful discrimination on the U.S.A. Government website.

Wrongful termination can take many forms and is not always obvious. In some cases, employers may attempt to justify a termination with alleged performance concerns, restructuring, or other explanations that do not reflect the true reason for the decision. 

How We Can Help

If you believe you were terminated for unlawful reasons, you should consult with an attorney experienced in employment law to evaluate your circumstances and determine whether your rights may have been violated. We represent clients nationwide and are available to discuss your situation, provide an honest assessment, and help you understand the next steps available to you.

Learn more about wrongful termination and workplace rights on the U.S. Equal Employment Opportunity Commission website.