If you were fired from your job for an illegal reason in New York, you may be able to file a claim against your employer. There are laws in place to protect workers from certain actions and behaviors. As an example, if your termination was an act of retaliation or discrimination, you have strong grounds for a claim against your employer.
What is the New York State Human Rights Law?
New York State Human Rights Law (NYSHRL) prohibits terminating an employee because of race, religion, or other factors and, also, prohibits termination as an act of retaliation. It is an anti-discrimination laws that protects employees from experiencing different forms of discrimination within the workplace. If you were fired as a result of discrimination of a protected class, then you may have a wrongful termination claim.
What Other Laws Protect Employees In New York From Wrongful Termination?
New York is an at-will state. This basically means that your employer or you could terminate your employment relationship for any reason – or no reason – at all. However, if your employer is violating laws when they terminate you, such as they indicate it is because of your sexual orientation or race, or if it is the culmination of multiple discriminatory acts, then it is wrongful termination.
In addition to the NYSHRL, there are federal laws that prohibit discrimination, and these laws can also be used as protection from wrongful termination. In general, New York is an at-will employment state. This means that unless you have a contract stating otherwise, you or your employer could terminate the work relationship at any time for any reason, or for no reason, just so long as the termination is not considered unlawful.
If you have an employment contract, your employer is required to abide by the provisions of your employment contract. Federal laws prohibit discrimination based on race, religion, sex, sexual orientation, and gender identity. If your termination is an act of discrimination, you have grounds for a claim.
Who Oversees Wrongful Termination Claims in New York?
The New York State Department of Labor (NYDOL) handles wrongful termination claims in the state of New York. You can file a claim here if you believe that you were wrongfully terminated. In addition, you can file a claim with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that ensures federal workplace laws are not being violated.
If you believe you are a victim of wrongful termination in New York, you have a limited time to pursue a claim to recoup compensation for your losses. You will need to gather supporting evidence and documentation. Speak with an employment law attorney who handles wrongful termination claims, so you can get the proper guidance.
The EEOC or NYDOL will investigate your allegations, and if a resolution is not reached, you may be given a right to sue. This is a letter indicating they believe you have reason to pursue a lawsuit against your employer for wrongful termination. If you are given this right, you must file your lawsuit in a timely manner.
Get Help From a Wrongful Termination Laws That Takes Cases in NY
If you are a victim of New York wrongful termination, enlist the help and guidance of a wrongful termination attorney who represents New York workers. You need to be able to prove wrongful termination to win your claim. Complete the Free Case Evaluation Form to share the details of your case with an independent, participating attorney who subscribes to the website. With a lawyer, you may be given proper guidance and may be able to act in a timely manner.
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