Knowledgeable New York Employment Attorneys Fight to Protect The Rights of Unlawfully Terminated Workers

Can you be fired in New York?

In today’s uncertain economy, most New York workers are aware that New York is an “at will” state, meaning that any employee can be fired without cause at any time. Even employees who enjoy a certain amount of protection under a contract, or through union membership, can still find themselves confronted with the possibility of being out of a job, perhaps for reasons beyond their control. The knowledgeable New York City employment attorneys at the law offices of Hepworth, Gershbaum & Roth PLLC assist recently fired workers who feel that they may have been wrongfully terminated. We are committed to helping disadvantaged workers receive the protections due them under city, state and federal law, and we aggressively pursue justice for those who have been wrongfully—and illegally—terminated from their jobs.

If New York is an “at will” state, what rights do I have?

Employers in New York are subject to a web of city, state, and federal labor laws. Although this generally does permit employers in the state to terminate an employee without cause, there are exceptions, and terminated employees still maintain certain rights. For example, union members are entitled to those termination provisions contained within their union’s contract, as well as non-union employees working under an individual written contract. Also, employers which provide a manual to employees outlining termination conditions and procedures can be held to those terms in the manual as though it were a contract.

In addition, an employee in New York State cannot be fired on the basis of a protected status or trait such as:

·        Race

·        Religion

·        Gender

·        Gender identity

·        Age

·        Marital or partnership status

·        Disability

·        Veteran status

·        Pregnancy

·        Sexual orientation

Other improper grounds for termination include absences from work caused by jury duty, pursuit of legitimate and legal activities during personal time away from the job. Employers are also not permitted to fire an employee as retaliation for the filing of a workers’ compensation or disability claim, or for reporting illegal conduct to a supervisor or law enforcement agency.

How do I know if I have a case for wrongful termination?

Although the list above may seem extensive, an employer can still fire you for just about anything else, even if unfair, untrue, or unreasonable. Proving a case of wrongful termination involves more than merely showing that the fired employee belongs in a protected class or has a protected trait—there must be evidence indicating that the employee’s protected status by itself was the cause of the termination. Gathering and presenting evidence that documents and supports such an allegation can be difficult.

A knowledgeable New York employment attorney can look at the circumstances of your termination and determine the strength of your claim. If a wrongful termination claim does appear valid, that attorney can then assist in beginning the claim process by filing a charge against the employer through the Equal Employment Opportunity Commission. In addition, your attorney can determine whether any other cause of action exists against an employer, such as defamation.

Put a dedicated New York City employment law attorney on your side today

At the law offices of Hepworth, Gershbaum & Roth, we are committed to fighting unfair and illegal labor practices by employers. We have more than seventy years of combined experience holding both Fortune 500 companies and local employers accountable for wrongful employment practices through aggressive representation of wrongfully terminated employees. If you have recently been terminated from your job and are unsure of your rights under law, contact us online or call our Manhattan office today at 212-545-1199 for a free initial consultation.