Wrongfully terminated employees face joblessness, lack of financial stability and difficulty finding new employment. Many workers wrongfully terminated from jobs do not know that they can potentially file a lawsuit against their former employer. Understanding unlawful termination policies and procedures are vital for the New York workforce to protect their rights and livelihood.
What is a wrongful termination in New York? Wrongful dismissal in New York occurs when an employer fires an employee for an illegal reason. However, employees wrongfully fired in NY may be able to build a case against their former employers. Workers wrongfully fired from jobs need to identify the state or federal law their former employer violated in order to file a charge.
Before wrongfully terminated claimants can sue or file a lawsuit, they will need to submit a claim with the Equal Employment Opportunity Commission (EEOC) first. Find more detailed information about wrongful termination in New York by reading the following sections:
- Types Of Illegal Termination in New York
- Types Of Legal Termination in New York
- At-Will Employment Exceptions in New York
- Filing a Discrimination Charge With The Equal Employment Opportunity Commission in New York
- Filing a Lawsuit Against Your Employer in New York
New York Unemployment Resources
Types of Illegal Terminations in New York
There are different types of illegal termination of employment that apply to all jobs and professions in the state. These types of unlawful terminations break federal laws against discrimination. Discriminatory types of illegal firing include prejudice based on age, race, religion, sex, and nationality.
Other types of illegal dismissal of employment that falls under discrimination include citizenship, disability, and veteran status. It is incredibly important for employees to understand the types of illegal terminations in New York to discern if their dismissal was illegal and if they have a valid case against their former employer. Determining which types of unlawful termination from employment occurred helps claimants to identify the ‘call of action,’ a very important aspect in discrimination lawsuits.
Types of Legal Termination in New York
Many types of legal termination of employment allow employers to fire a worker without breaking a federal or state law. The types of legal dismissal of employment permitted by law differ depending on the type of employment agreement.
Types of legal firing for contracted employees include the conclusion of the agreed obligation as well as any reasons listed within the employment contract. Legal reasons for terminating employees in New York also cover the permanent closure of the business or company layoffs.
Other types of legal termination in New York consist of employee performance factors such as consistent tardiness, misconduct, and stealing. When employers or business owners have legal reasons for terminating employees in New York, former workers cannot file a wrongful termination claim.
At-Will Employment Exceptions in New York
Workers wondering, “Is New York an at-will state?” should know that NY does indeed participate in this employment legislation. “What is employment at will?” is an important question for recently fired NY employees terminated considering filing a wrongful termination claim.
Along with the at-will employment exceptions in New York, the at-will employment doctrine defines the terms of non-contracted employees. At-will employment states that, without reason or consequences, employers can fire employees and employees can quit. However, there are at-will employment exceptions in New York that make certain terminations illegal.
There are different exceptions for at-will employment commonly recognized in many jurisdictions, although not in all states. Firing an employee for adhering to public policy, like serving jury duty, is an at-will employment exception in almost all states. Few states enforce the covenant of good faith and fair dealing exception, which prohibits employers from firing a worker without good cause.
When it comes to the at-will employment exceptions in New York, the state only uses the implied contract exception that only allows employee termination with just cause or under specific circumstances if there was implicit agreement (oral or written) of employment and job security. This exception for at-will employment typically means that an employer will continue to employ a worker who performs his or her duties adequately as stated in the hiring documents.
Filing a Discrimination Charge With the Equal Employment Opportunity Commission in New York
Filing a charge of discrimination in New York is available if the claimant experiences wrongful termination such as work-based discrimination. Former employees can also file a wrongful termination discrimination charge if their firing was due to retaliation by their employer including retribution for a sexual harassment lawsuit and collecting worker’s compensation.
Employees interested in finding out how to file a charge of employment discrimination need to contact the EEOC within 180 days of the incident. The deadline extends to 300 days if the employer broke a law enforced by the state.
In regards to how to file an EEOC employment discrimination claim, the former employee must file a complaint online at the EEOC website, by mail or in person at a local office. The EEOC will first attempt mediation between the employer and the employee.
In the event that mediation is unsuccessful, the EEOC will initiate an investigation to determine if a violation occurred. The agency will file a wrongful termination discrimination charge against the employer if the investigator discovers a violation and will then attempt a voluntary settlement.
If a violation is undiscovered, the employee may receive a Notice of Right to Sue. In the event that the EEOC cannot settle with the employer, they may file a lawsuit on the employee’s behalf or issue a Notice of Right to Sue. Only with this notice can wrongfully terminated employees begin filing a charge of discrimination in New York courts.
Filing a Lawsuit Against Your Employer in New Hampshire
“Can I file a lawsuit for wrongful termination?” is a common question of fired employees wonder. To file a lawsuit against your employer in New York, you need to receive a Notice of Right to Sue from the EEOC. Former employees suing for wrongful termination in New York need to first determine the “cause to action,” or reason for filing a lawsuit as well as furnish evidence to reinforce their claim.
Since the EEOC already launched an investigation before the claimant can file a lawsuit against employers for wrongful termination, it should not be difficult to obtain proof of employment discrimination. Filing a wrongful termination claim against employers can be a lengthy and overwhelming ordeal for terminated workers.
Employees wondering how to file a wrongful termination lawsuit should consider hiring legal representation to assist in the process and to help procure necessary evidence such as employment documentation from the company and witness statements.
Last Updated: October 18, 2022