Discriminatory Termination, Wrongful Termination | Bantle & Levy LLP

Discriminatory Termination, Wrongful Termination

New York is an “at-will employment” state, meaning that unless you have an employment contract that states otherwise, your employer can terminate the employment arrangement at any time and for any reason. Unfortunately, it also means leaving yourself susceptible to discriminatory termination or wrongful termination.

However, it doesn’t mean you are without options. If you believe your discharge was discriminatory, we can fight for the compensation you deserve for the wrongs committed against you.

At Bantle & Levy LLP, we know that when someone loses their job, it seems like all hope is lost, but when the motive for the discharge is discriminatory, we can help you regain what has been taken from you.

Wrongful Termination or Unfair Firing?

We often hear clients say that they have been fired wrongfully – but what does that actually mean? Under New York state laws and federal law, employers are prohibited from firing employees for discriminatory reasons, in retaliation for exercising their civil rights, or for discussing employment issues with other coworkers.

While this list is not exhaustive, examples of a discriminatory termination may include:

  • Discrimination based on a protected category like race, sex, gender, age, disability, national origin, etc.
  • Retaliation
  • Breach of contractual obligations
  • Employment policy
  • Public duty such as jury duty, voting, etc.
  • Engaging in a civil right
  • Engaging in concerted activity
  • Utilizing the Family Medical Leave Act (FMLA)

What If a Firing Seems Unfair?

In New York, it is often difficult to prove wrongful termination without an outright discriminatory act. While it is often hard to hear, especially if someone has been loyal to a company for years, or even decades in the case of higher-level positions, sometimes goodbye is all that it is. In an at-will employment situation, an employer can terminate that employee for any reason that isn’t discriminatory, even if it seems unfair.

For example, some common reasons for termination that seem unfair but are completely legal are:

  • Downsizing
  • History of performance issues
  • Staff conflicts

It’s helpful to work with a lawyer who can help you wade through the emotions and the terms of the termination to evaluate if you have a strong case or if it’s simply time to move forward.

But, if you do have a claim, there are damages you may be awarded.

What Can I Gain in a Discriminatory Termination, Wrongful Termination Case?

If your New York wrongful termination lawsuit is successful, you may be able to recover the following:

  • Lost income that resulted from the termination
  • Punitive damages
  • Compensation for emotional distress, legal fees
  • Costs associated with certain laws if there are grounds for concern

Additionally, you may be able to recover compensation should your employer be found in violation of certain employee rights laws, like the FMLA or relevant laws.

Bantle & Levy LLP Fights For Your Employee Rights: Wrongful Termination Lawyers, New York

At Bantle & Levy LLP, we are committed to fighting for your employee rights in a complex world. From discrimination to harassment, employment contracts to wrongful discharge, our firm will fight beside you every step of the way.

If you have been wrongfully discharged and faced a discriminatory termination, contact us today to learn more about how we can help you throughout this difficult time.

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