In New York, filing for wrongful termination generally begins with determining whether or not your dismissal violated state or federal employment laws. Although New York is an “at-will” employment state, terminations that are based on discrimination, retaliation, breach of contract, or protected activities may be determined to be unlawful under statutes like the New York State Human Rights Law (Executive Law Section 296) or Labor Law Section 740.
If your firing involved a protected characteristic, such as race, age, gender, or religion, or followed whistleblowing, medical leave, or complaints about workplace violations, then you may have grounds for a claim, as these are things your boss can’t legally do.
In order to pursue legal action, you must first gather evidence, such as termination letters, performance reviews, and witness statements. Then you will need to file a complaint with the appropriate agency. This may include the New York State Division of Human Rights, the Equal Employment Opportunity Commission (“EEOC”), or a civil court.
It is important to note that timely filing your claim is critical, as most claims must be submitted within 180 to 300 days of the termination, depending on the law invoked. The following is a list of general steps to file a wrongful termination lawsuit in New York:
- Identify the legal basis for your claim (e.g., discrimination, retaliation, breach of contract)
- Gather documentation supporting your case (emails, HR reports, witness statements)
- File with the appropriate agency (Equal Employment Opportunity Commission, New York State Division of Human
- Rights, or New York City Commission on Human Rights) or prepare a private civil lawsuit
- Meet all deadlines for filing administrative complaints or court actions
- Set up a legal consultation with a New York lawyer experienced in suing for wrongful termination in New York, handling a lawsuit against an employer for unfair treatment, or familiar with unfair performance review law.
What Is Wrongful Termination?
As mentioned above, in New York, wrongful termination refers to when an employer fires an employee in violation of established employment protections under state or federal law. Once again, although employment is generally “at will,” employers are prohibited from terminating individuals based on discriminatory reasons, retaliating against whistleblowing, or breaching contractual terms.
Specifically, Executive Law Section 296 under the New York State Human Rights Law bars firing someone due to traits like race, gender, age, disability, religion, or sexual orientation. Additionally, Labor Law Section 740 safeguards employees who report dangerous or illegal workplace conduct from retaliatory discharge.
How Do You Prove Wrongful Termination?
In order to prove wrongful termination in New York, you as an employee must demonstrate that your dismissal violated specific legal protections. Since New York is an “at-will” employment state, employers can generally terminate workers without cause. However, if the termination was based on discrimination, retaliation, breach of contract, or violation of public policy, it may be unlawful.
It is important to note that the burden of proof lies with the employee to show that the employer’s stated reason was a pretext for an illegal motive. This often requires documentation, witness testimony, and a clear link between the protected activity or status and the termination.
The following is a list of the legal elements necessary to prove wrongful termination in New York:
- Protected Status or Activity: You must show that you belong to a legally protected class (e.g., race, gender, age) or engaged in protected conduct (e.g., whistleblowing, filing a complaint)
- Adverse Employment Action: Next, you must prove you were fired, demoted, or otherwise penalized
- Causal Connection: You must also establish a link between your protected status/activity and the termination
- Pretext: Next, you need to demonstrate that the employer’s stated reason for firing you was false or misleading
- Damages: Finally, you must provide evidence of financial loss, emotional distress, or other harm resulting from the termination, as this information is needed in order for a judge or jury to provide you relief
How Can You File a Complaint Against Your Employer in New York?
Employees in New York can file a complaint against their employer through various agencies, depending on the nature of the issue, such as wage violations, discrimination, retaliation, or unsafe working conditions.
Common filing channels include the New York State Department of Labor, the New York State Division of Human Rights, or the New York City Commission on Human Rights. Complaints may be submitted online, by mail, or in person, and should include detailed documentation of the alleged violation. Timely filing is essential, as deadlines vary by agency and type of claim.
The general steps to file a complaint against your employer include:
- Identifying the violation (e.g., wage theft, discrimination, retaliation, unsafe conditions)
- Choosing the appropriate agency (NYSDOL, NYSDHR, NYCCHR, or EEOC)
- Gathering necessary supporting evidence (emails, pay stubs, witness statements, termination letters) to prove your claim and the required legal elements
- Completing the complaint form online or by mail, depending on the agency
- Submitting the complaint for wrongful termination within the required time frame (usually 180–300 days)
- Following up with the agency for updates or additional documentation requests
It is important to note that if agency action doesn’t resolve your dispute, you will need to follow state law and procedures to file a private civil lawsuit against your employer in court. They will have to be legally served and you will have to follow local and state civil procedure. A wrongful termination lawyer in New York will be able to assist you in your claim.
Can You Sue for Being Wrongfully Terminated?
Yes, as mentioned above, employees in New York may initiate a lawsuit for wrongful termination if their dismissal infringes upon legal safeguards. Although most employment in the state is “at will,” employers are still prohibited from firing workers for unlawful motives. This includes discriminatory practices, retaliation for protected actions, or violating contract terms.
Importantly, if the employee’s discharge stems from factors like reporting wrongdoing or requesting legally protected leave, the individual may first file a claim with a government body like the EEOC or NYSDHR. Then, after obtaining a “Right to Sue” notice, they may pursue legal action in civil court.
What Damages Can You Receive From a Wrongful Termination Lawsuit?
In a wrongful termination case, you may be entitled to financial compensation for the harm caused by their employer’s unlawful actions. Common damage awards may include:
- Back pay, covering lost wages from the time of termination to judgment
- Front pay (i.e., projected future earnings)
- The value of lost benefits, such as health coverage and retirement plans.
- Compensation for emotional suffering, especially where the dismissal caused significant psychological impact
- Prevailing employees might also recover legal fees and court-related expenses
- In cases of severe or intentional wrongdoing by the employer, punitive damages may be also awarded
How Much Is a Wrongful Termination Lawsuit Worth in New York?
In short, it depends. The value of a wrongful termination lawsuit in New York can range widely depending on the specific factors of each case, such as the amount of lost wages, emotional distress, and the severity of the employer’s conduct.
Typical settlements for wrongful termination can fall anywhere between $5,000 and $100,000, while jury awards may reach even higher amounts in stronger cases. High-value claims may also include punitive damages, especially if the employer acted maliciously or violated anti-discrimination laws.
Do I Need a New York Lawyer To File a Wrongful Termination Claim?
If you suspect your firing may have violated the law, such as if it involved discrimination, retaliation, or breach of contract, then you should consider consulting with an experienced wrongful termination lawyer in New York. LegalMatch can assist you in locating an attorney near you who is experienced in handling such cases.
An attorney will be able to help you understand your rights, gather evidence, and meet critical deadlines for filing complaints with agencies like the EEOC or the New York State Division of Human Rights. Having a lawyer’s legal guidance can make a significant difference in the strength and outcome of your case.
Further, if agencies are unable to resolve your dispute, then an attorney can assist you with filing a wrongful termination claim against your employer. They will also be able to ensure your former employer is properly served. Finally, they will be able to represent you in court, as needed.
