Although New York is an "at-will" state, which means that employers can fire their employees for practically any reason (just as employees can resign whenever they wish), there are exceptions and some clauses that make special reference to when a case of wrongful termination occurs in New York.
According to New York City's anti-discrimination laws, employers cannot fire an employee for protected characteristics, such as:
- Nationality
- Race
- Color
- Religion
- Age
- Sex
- Disability
- Sexual orientation or gender identity
If an employee can prove that they were fired for any of these reasons, they can take legal action with the help of a wrongful termination attorney specializing in state laws. Therefore, contacting the Conexión Legal team as soon as possible is the best option. By calling us at 1800 201 1220 or writing to us through WhatsApp so we can provide you with the best free legal consultation and help you obtain the highest possible compensation.
What Does the Occupational Safety and Health Administration Say About Wrongful Termination in New York?
In practically all industries, there are hundreds of rules and regulations to protect employees. But, as many New Yorkers know, the fact that these regulations exist does not mean that employers obey them. While the Occupational Safety and Health Administration, OSHA, conducts surprise inspections to discover negligent employers, the administration lacks personnel and, often waits for a complaint before proceeding with an inspection. Complaints can be submitted to OSHA anonymously. But sometimes the employer may think they know who filed the complaint. If the employee reports an illegal or unethical situation, the employer cannot retaliate against the whistleblower, nor can they fire them as that would constitute wrongful termination.
If the employee chooses not to participate in an illegal act, such as violating a safety regulation or discriminating against another employee, the employer cannot retaliate against them. When an employee is injured at work, they have the legal right to claim workers' compensation through the insurance company hired by their employer. While some employers disagree because it can draw attention to problems in the workplace or because it can increase insurance premiums, they cannot sue an employee for filing a workers' compensation claim.
If you or a loved one has been wrongfully terminated, you should remember that you have one year from the date of your last employment with your employer or one year from the date when unpaid wages are owed to take legal action, so the next step is to contact a wrongful termination attorney who can evaluate your case and explain the legal options available to you.
What Can I Obtain with a Wrongful Termination Lawsuit in New York?
In some cases, the employee can obtain compensation for:
- Loss of income: when an employee is fired, they face a loss of income. The loss can be calculated and you can be compensated.
- Lost benefits: work benefits and the loss of those benefits can also be calculated.
- Emotional distress: the stress of facing sudden termination and fighting discrimination can be enough to cause anxiety or depression. These emotional conditions can be treated, but therapy and medications cost money and the employee is already in a desperate financial situation.
When going through this type of situation, it is necessary to contact a wrongful termination attorney immediately after the wrongful termination in New York has occurred. This way you will be able to inform them about your case and let them know that you have the necessary documentation to file a case.
Carrying out this process in a timely manner gives you a greater probability of having a successful case, and you will also be able to learn about the types of compensation you can obtain for wrongful termination since labor attorneys will have the opportunity to maneuver within the time limits established by the state statute of limitations.
If you consider it necessary, you should contact the Conexión Legal team as soon as possible so you can receive the best free consultation, and in this way we can help you obtain the highest possible compensation. Follow the steps in the following form to schedule your free consultation appointment.
