New York State is one of the states that is governed by the “voluntary employment” labor regulation, which states that an employer may terminate the employment relationship with its employee at any time and without notice. However, if it is a wrongful termination, the story changes completely.
There are exceptions to the cases in which the “voluntary employment” rule applies, which generally seek to protect the human rights of the employee, especially when the termination is due to a situation that violates the employee’s personality or character.
Under New York law, it is considered a wrongful termination when an employer removes an employee from his or her job for reasons not related to job performance, but for discrimination, retaliation, or refusal to engage in illegal activity.
In a case of this type, a worker has the right to file a lawsuit against his employer, in order to receive benefits that will allow him to support himself economically while he gets a new job. But how much time does he/she have to file this lawsuit?
In this article we tell you what is the maximum period you should consider to file your lawsuit for unjustified dismissal and why it is important that you have the support of a labor lawyer to do so.
If you need legal advice in a wrongful termination case, our team at Conexión Legal can help you through the entire process. Call 1800 201 1220 today and find out how we can get you the compensation you deserve from your employer.
When does wrongful termination occur in New York?
The New York City Human Rights Law, known by its acronym NYCHRL, sets out each of the grounds on which a termination can be considered wrongful termination, so that the employee knows when he or she can file a lawsuit.
A wrongful termination in New York occurs when it is for any of the following reasons:
- Age of the employee
- Religious beliefs
- Skin color
- Origin or nationality
- Sexual orientation
- Military status
- Sex (including sexual harassment)
- Disability (including pregnancy)
- Employee’s marital status
- Domestic violence victim status
- Genetic predisposition characteristics
If you are a victim of wrongful termination for any of these reasons, you have every right to file a labor lawsuit, for which you must submit all possible evidence to prove to a court that it is indeed a case of wrongful termination.
How long do I have to file a lawsuit for unjustified dismissal?
From the day the wrongful termination occurred, you have a total of 180 days to file a lawsuit with an employment attorney, which can be filed with the Equal Employment Opportunity Commission (EEOC).
Remember that, as mentioned above, in order for your case to be successful, you need to have as much evidence as possible to prove the fact. In this evidence gathering process, an employment lawyer can be very helpful.
If you win your New York wrongful termination case, you will be entitled to receive compensation from your employer to cover the wages you have lost since the day the termination occurred and, in some cases, you may even be able to get your job back.
What are the exceptions to at-will employment in New York?
There are some situations where the rule that an employer can fire an employee at any time for any reason does not apply. These include: contract protections, unlawful reasons for termination, union bargaining agreements, and public policy violations.
How can I prove wrongful termination in New York?
The employee has the burden of proving that the employer terminated them for an illegal reason. This can be done by direct evidence, such as statements or documents from the employer that show their discriminatory or retaliatory motive, or by circumstantial evidence, such as showing that the employer treated them differently from other employees who were not in their protected group or that the employer’s reason for firing them was false or pretextual.
What can I recover in a wrongful termination lawsuit in New York?
New York law provides for an award of compensatory damages for employees who succeed with a wrongful termination lawsuit. Most importantly, the money damages award would cover the person’s lost wages, the value of lost benefits, pain and suffering, and possibly punitive damages to punish the employer for their malicious or reckless conduct.
Get the advice you need for your wrongful termination case today.
Did you suffer a wrongful termination case in New York and don’t know what your legal rights are? At Conexión Legal we work hand in hand with a large team of professional attorneys who will know how to help you receive full compensation and every benefit you deserve.
You can also read: What is workplace discrimination?
El equipo de redactores de Conexion Legal está compuesto por un grupo de abogados especialistas en casos de accidentes de tránsito, laborales e inmigración para latinos. Cada miembro del equipo cuenta con amplia experiencia en su área de especialización, y todos ellos están comprometidos en ofrecer la mejor información y asesoramiento legal a la comunidad latina.