Being terminated can come as a surprise to many employees. While some might be aware that their performance has been slipping, plenty of employees may not be aware of any issues when they’re told they’re being let go. This is always an unfortunate position to be in but, unfortunately, there are many times when employers are in their legal right to terminate an employee. However, there are also occasions where a termination could be illegal.
If you’ve been terminated for illegal reasons, you deserve to get justice for the damages this has caused you and those who depend on you. Learn more about wrongful terminations and how to get help.
What is Wrongful Termination?
Wrongful termination occurs when the termination violates federal, state, or local laws or breaches a contract. If you’re an at-will employee, you might think you can’t be wrongfully terminated, as your employer has the right to terminate you at any time or any reason. However, an at-will employee can still be wrongfully terminated. At-will employees still have employee rights afforded to them, so there are various occasions where they may be able to take legal action over their termination.
Common Types of Wrongful Termination
Discrimination
New York City employees have many protections against being discriminated against or harassed for their membership in a protected class. Discrimination against various protected classes is illegal in all aspects of employment, which includes termination. If belonging to a certain protected class influenced your employer’s decision to terminate you, you may want to consider consulting with an employment discrimination attorney.
Retaliation
You have many rights as an employee, including the right to engage in protected activity. For example, you have the right to report discrimination or sexual harassment. When you engage in protected activity, you have the right to do so without needing to fear that you’ll face retaliation from your employer. Of course, laws protecting you from retaliation do not stop employees from experiencing adverse employment actions for exercising their rights. Various laws prohibit retaliation, and if you were terminated shortly after engaging in protected activity, it may be time for you to seek help.
Breach of Contract
While many employees are at will, this isn’t always the case. Some employees may have an employment contract with their employee that sets certain terms and conditions regarding termination. For example, an employee may have a contract that states that they will be employed by the company for a certain amount of time. Others may have contracts that state that the employer can only terminate them with cause. If you signed a contract that stipulates when you can be terminated and for what reason and your employer breaches that contract, you may have a wrongful termination case.
Failure to Provide Reasonable Accommodations
Many physical and mental disabilities can make performing your job duties difficult or even impossible. Because of this, if you have a disability under the Americans with Disabilities Act, you’re entitled to reasonable accommodations in the workplace, so long as these accommodations don’t cause undue hardship for your employer. Reasonable accommodations are modifications that allow you to perform your job duties that you otherwise wouldn’t be able to do with your disability. However, not all employers provide the reasonable accommodations their employees deserve. This can lead to them not being able to perform their job duties and being terminated as a result. If you’ve struggled due to your employer denying your request for a reasonable accommodation, Bantle & Levy may be able to help.
Get the Compensation You Deserve After Experiencing a Wrongful Termination
You shouldn’t be left to deal with the ramifications of losing your job if your termination broke a law or your contract. While many terminations never feel fair, some violate the rights that you’re entitled to. If you’ve experienced any of these types of wrongful termination, you need an experienced employee rights attorney who will fight for you. Employees in New York City have trusted Bantle & Levy for over two decades to protect them and their rights.
Contact us today if you believe you were wrongfully terminated.
