How to Prove Discrimination, Wage & Hour Violations

Do I Need to Call an Employment Lawyer? 5 Signs Your Rights Were Violated in New York

August 22, 2025

A New York employee's rights lawyer explains how he can help his client deal with her wrongful termination claim.
author bio pic of Wills  Ladd

Written by Wills Ladd

Brought to you by Filippatos Employment Law, Litigation & ADR

When workplace challenges arise, they can shake the very foundation of your professional and personal well-being. Whether you’re grappling with an unexpected termination, enduring persistent harassment, or wrestling with the deep frustration of unfair treatment, these experiences can leave you feeling isolated, overwhelmed, and uncertain about your next steps. The emotional toll is real, and your feelings are completely valid.

If you’re working in New York, you may have heard that “at-will employment” gives employers unlimited power to dismiss workers without cause. This common misconception leaves many employees feeling helpless and without recourse. The truth is more nuanced and far more protective of your rights than you might realize. Yes, employers do have significant latitude in their employment decisions, but this authority has clear and important boundaries. Crucially, while an employer may terminate someone for “any reason,” that reason can never be an illegal one.

You are protected by a comprehensive network of federal, state, and New York City employment laws designed specifically to safeguard workers like you. These aren’t just words on paper—they represent real, enforceable rights that can make a meaningful difference in your situation. If you find yourself questioning whether your workplace treatment crosses legal boundaries, please know that you’re not facing this alone. Thousands of New York workers navigate these challenging situations every year, and help is available. The following guide presents five unmistakable indicators that your situation may warrant legal action and that consulting with an experienced NYC employment attorney could be your most important next step.

1. You Were Fired for a Suspicious Reason (Wrongful Termination)

A wrongful termination isn’t just a firing that feels unfair; it’s an illegal firing that violates a clear public policy. Employers will rarely admit to an illegal motive. Instead, they often provide a vague or manufactured reason, such as “poor performance” or “restructuring”. The key is to look at the context surrounding your termination.

A firing may be illegal if it is connected to you:

  • Exercising a statutory right: For example, you were fired shortly after filing a workers’ compensation claim for an on-the-job injury.
  • Refusing to commit an illegal act: You were terminated for refusing your boss’s order to commit fraud or lie to regulators.
  • Fulfilling a public obligation: You were let go for taking time off for jury duty.
  • Reporting illegal activity (Whistleblowing): You were fired after reporting unsafe working conditions or financial misconduct to a supervisor or a public body.

If the stated reason for your termination feels like a pretext for one of these situations, it is a significant red flag. An experienced wrongful termination lawyer can help investigate the timing and circumstances of your dismissal to uncover the true, illegal motive.

2. You’re Facing Unfair Treatment Because of Who You Are

The law recognizes your fundamental right to be judged by your abilities and contributions, not by who you are. New York City stands as a beacon of protection, offering some of the nation’s most comprehensive anti-discrimination safeguards that shield workers across diverse protected categories. These essential protections encompass race, gender, age, religion, national origin, disability, pregnancy, sexual orientation, and gender identity, among others.

When employers cross the line by taking adverse actions against you—whether through termination, demotion, or blocking your advancement—solely because of your protected characteristics, they violate both the law and your dignity. Such violations form the legal foundation for pursuing discrimination claims.

Discrimination doesn’t always announce itself through dramatic job actions. Sometimes it lurks in the shadows as harassment that poisons your work environment. You shouldn’t have to endure a hostile workplace where unwelcome conduct tied to your protected traits makes your professional life intimidating, abusive, or unbearable. This harmful environment can emerge from:

  • A single devastating incident, such as physical intimidation or the use of slurs targeting your identity.
  • An ongoing campaign of supposedly “minor” offenses—persistent derogatory jokes, cutting insults, or cruel mockery that chips away at your wellbeing.

If you’re experiencing targeting based on your identity, know that skilled NYC discrimination attorneys stand ready to help you understand your rights and pursue justice.

3. Retaliation: Being Punished for Speaking Up

For laws to be effective, employees must be able to report violations without fear of punishment. For this reason, retaliation is illegal and is one of the most common claims filed against employers. Retaliation occurs when your employer takes adverse action against you for engaging in what’s known as protected activity.

Protected activity is a broad term that includes actions like:

  • Complaining to HR or a manager about discrimination or harassment.
  • Serving as a witness in another employee’s discrimination complaint.
  • Requesting a reasonable accommodation for a disability or religious practice.
  • Asking coworkers about their salaries to identify potential pay discrimination.

Retaliation isn’t just termination. It can be any action that would discourage a reasonable person from speaking up, such as a sudden negative performance review, being excluded from important meetings, being transferred to a less desirable shift, or being micromanaged. If you’ve faced negative consequences after reporting a problem, you may have a strong case for suing for workplace ethics violations.

4. Your Pay or Legally Required Leave Is Being Denied

Your fundamental workplace rights encompass both fair compensation and protected time away from work. New York maintains robust legal protections for employee wages and leave entitlements. When these rights are violated, legal intervention may be necessary to address:

  • Wage and Hour Violations: These encompass receiving below minimum wage compensation, unpaid work hours, unauthorized paycheck deductions, or improper classification as an “independent contractor” designed to circumvent overtime obligations.
  • Denial of Protected Leave: New York ensures eligible employees access to job-protected leave, including 12 weeks of compensation under NY Paid Family Leave provisions and leave guaranteed by NYC Paid Safe and Sick Leave regulations. Employers cannot lawfully refuse this leave or retaliate against employees who exercise these rights.

Such violations directly undermine your financial security and personal welfare. An experienced employment attorney can advocate for your interests and help secure the compensation and benefits you rightfully deserve.

5. You Were Pushed to Resign or Offered a Severance Agreement

We understand you’re facing a difficult workplace situation, and it’s important you know your rights. Sometimes employers avoid direct termination by deliberately creating unbearable working conditions, hoping you’ll quit instead. This practice, known as “constructive discharge,” can legally constitute wrongful termination when the intolerable environment stems from illegal actions like severe harassment or retaliation against you.

If you do face termination, your employer may offer a severance or separation agreement. Remember that these documents are crafted by corporate attorneys specifically to shield the company from liability, not to protect your interests. These agreements typically exchange a financial payment for your promise not to pursue legal action. You should never sign such an agreement without independent legal review. A qualified employment attorney can identify whether you’re surrendering valuable claims—such as those involving contract violations or wrongful termination—and can often negotiate significantly better terms on your behalf.

Why You Need a Fierce Advocate in Your Corner

Navigating a workplace dispute alone means facing an organization with significant resources, including HR departments and corporate law firms dedicated to protecting the company. Hiring an employment lawyer levels that playing field. It signals that you are serious about defending your rights.

An attorney does more than just offer legal advice. They act as your investigator, strategist, and negotiator. They know how to gather evidence, build a compelling legal narrative, and fight for the maximum compensation you deserve.

Call Us

You don’t have to face this alone. The compassionate and experienced team at Filippatos PLLC is here to listen to your story, provide clarity on your rights, and fight for the justice you deserve. Contact us today for a confidential consultation. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.