If you've been wrongfully fired from your job in New York, you have rights that need to be protected.
Many employees face this situation and it can seem hard to face your former employer, that's where an employment attorney can help. At Mizrahi Kroub, LLP, we are here to support you and help you understand the steps you should take after a wrongful firing.
What is Wrongful Termination?
Wrongful termination is when an employee is fired for illegal reasons, such as discrimination, retaliation, or violating an employment contract. In New York, state and federal laws protect employees from being fired for unfair reasons. For instance, if you're fired because of your race, gender, or because you reported unsafe work conditions, it may be considered wrongful termination. If you think this happened to you, a wrongful termination lawyer can help explain your rights.
Steps to Protect Your Employee Rights in New York
If you've been wrongfully terminated, here are important steps you should follow:
1. Document Everything
Write down everything that happened before and after your termination. Keep copies of emails, text messages, performance reviews, or any paperwork that shows unfair treatment.
Example: If you received a positive performance review one week but were fired the next without any explanation, this could help show that the termination wasn't based on your work performance.
2. Consult with an Attorney
It's important to talk to a wrongful termination lawyer as soon as possible. They can evaluate your case and help explain your legal options.
Example: If you believe your firing was due to retaliation after reporting sexual harassment, a lawyer can guide you on how to prove it and what steps to take next.
3. File a Complaint
If you believe your firing was illegal, you can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. These agencies will investigate the situation and may take action against your employer.
Example: If you were fired shortly after reporting unsafe working conditions, this might qualify as retaliation, and you can file a complaint to get help.
4. Review Employment Contracts
If you have a written contract with your employer, read it carefully. Your termination might violate the contract terms, especially if there were specific conditions for firing.
Example: If your contract says you can only be fired for poor performance, but you were fired after taking medical leave, this could be a breach of contract.
5. Act Promptly
It's important to act quickly because there are deadlines for filing claims. Many wrongful termination cases have strict timelines, so make sure you get legal advice right away.
Example: If you wait too long to file a complaint, you may miss your chance to seek justice, so contact a lawyer as soon as possible after being fired.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.