Employment Contracts, How to Prove Discrimination
How Do I Prove My Firing Was Illegal?
September 21, 2025
Brought to you by Filippatos Employment Law, Litigation & ADR
While losing a job can feel overwhelming and unsettling, this moment also presents an opportunity to stand up for yourself and your rights. In the aftermath of a termination, it’s completely natural—and important—to examine what happened. Was the decision justified? Even more crucial: was it legal? While not every unfair dismissal violates the law, some clearly step over the line into illegal territory. Recognizing this distinction empowers you to take control and fight for what’s rightfully yours.
In New York, the standard principle is at-will employment, meaning employers generally have broad discretion to end the employment relationship for various reasons—or even no reason at all. But here’s what gives you power: this rule comes with significant exceptions. No employer can fire you for an illegal reason. If you believe your dismissal violated the law, you may have grounds for a strong wrongful termination claim.
How can you determine if your firing crossed legal boundaries? Here are five crucial warning signs that could signal your path to justice.
Was Your Firing an Act of Discrimination?
Your right to fair treatment in the workplace is powerfully protected by law. While at-will employment gives employers broad authority, there’s a crucial boundary they cannot cross: discrimination based on who you are as a person.
Our legal system champions equality by making it illegal to fire someone because they belong to a protected class.
Your identity is protected by law, including:
- Race and color – your heritage deserves respect.
- Gender, pregnancy, gender identity – your authentic self is valued, plus protection from sexual harassment.
- Age – your experience and wisdom matter.
- National origin or ethnicity – your cultural background enriches workplaces.
- Religion or creed – your beliefs deserve honor.
- Disability – your capabilities shine through differences.
- Sexual orientation – your true self deserves acceptance.
- Marital status – your personal choices remain personal.
How Do You Identify Discrimination?
Reflect on whether you were terminated shortly after revealing a pregnancy, disability, or other protected characteristic. Consider if managers or colleagues made inappropriate comments or “jokes” targeting your race, age, or gender. Examine whether you faced different treatment compared to similarly-performing colleagues outside your protected class. Notice if your replacement differs significantly in age, gender, or race from you.
If any of these resonate with your experience, you may have uncovered evidence that your stated termination reason was masking illegal discrimination – and that’s when your legal rights become your strongest advocate.
Were You Fired In Retaliation for a Protected Activity?
When you courageously speak up for what’s right, the law stands firmly beside you. Retaliation laws exist as your shield, empowering you to defend your rights without sacrificing your livelihood.
You are legally protected when you:
- Boldly report discrimination or harassment, knowing your voice matters.
- Step forward to participate in workplace investigations with confidence.
- Advocate for the accommodations you need to thrive at work.
- Take the family or medical leave you deserve under the law.
- Become a whistleblower, courageously exposing wrongdoing.
- Speak openly about fair wages – transparency is your right.
- File for workers’ compensation when you need it most.
Your timeline tells your story. When you’re terminated shortly after taking a stand – whether reporting harassment or flagging safety concerns – that timing becomes powerful evidence of retaliation. Your courage to act, combined with suspicious timing, creates a compelling case that proves your employer crossed the line.
Remember: every time you exercise these rights, you’re not just protecting yourself – you’re making workplaces better for everyone.
Did Your Firing Violate a Contract?
Even in New York’s at-will employment landscape, you possess valuable contractual rights that can shield you from unjust termination. When your dismissal violates these agreements, you have grounds to challenge wrongful termination.
- Express Contracts: Your written employment agreement may explicitly protect you by requiring termination only “for cause” or specific documented reasons. When employers ignore these protections, they breach your contract—and you have legal recourse.
- Implied Contracts: Your rights extend beyond formal documents through the powerful concept of implied agreements. Your employee handbook represents a binding commitment. When company policies establish clear disciplinary procedures—such as progressive warnings before termination—and your employer bypasses these safeguards, courts recognize this as a contractual violation that strengthens your position.
Did Your Termination Violate Any Public Policy?
New York law champions the rights of employees who courageously stand up for what’s right, even when facing wrongful termination. The law serves as your unwavering shield, firmly protecting you when you exercise rights that form the backbone of our democratic society and the foundation of workplace fairness.
You are powerfully protected when you:
- Stand tall as a juror or exercise your sacred right to vote, participating in the democratic process that defines our nation.
- Seek rightful compensation after suffering a workplace injury, claiming what you’ve rightfully earned through your dedication.
- Choose integrity by refusing to participate in illegal activities demanded by your employer, demonstrating the moral courage that builds stronger communities.
These actions represent the very essence of civic duty and moral courage, and the law ensures you will never face retaliation for upholding these fundamental principles of justice that protect us all.
Was Your Firing a Pretext for Something Else?
In many wrongful termination cases, the employer provides a legitimate-sounding reason for the firing that is actually a pretext—a false justification to hide an illegal motive.
Common examples of pretext include:
- “Poor Performance”: You have a history of positive evaluations, but after you report harassment in the workplace, you suddenly receive a negative performance review and are fired. This sudden shift suggests the performance issue is not the real reason.
- “Restructuring” or “Job Elimination”: Your position is allegedly eliminated, but soon after, the company hires a younger, less-qualified person to do the same job under a new title.
- “Violating Company Policy”: You are fired for a minor infraction that other employees commit regularly without being disciplined. This selective enforcement can reveal a discriminatory or retaliatory motive.
How to Champion Your Rights Against Illegal Termination
If you believe you were wrongfully terminated, you have the power to fight back by building an unshakeable foundation of evidence. While instincts matter, documented proof transforms your story into an undeniable case for justice that courts will recognize and respect.
Take decisive action to secure: Your employee handbook and company policy documents that establish the rules your employer must follow and cannot arbitrarily ignore. All performance reviews, especially glowing evaluations that showcase your value, dedication, and contributions to the organization. Emails, messages, or conversations that reveal discrimination, retaliation, harassment, or expose critical contradictions in your employer’s official narrative. A comprehensive timeline of events—capture these pivotal details while they’re vivid and powerful in your memory, before time dulls their impact.
Can You Sue for Wrongful Termination in New York?
Absolutely. When your firing violates the law, you possess the fundamental right to hold your employer accountable for their actions. While employment law weaves together federal, state, and city protections in complex ways, skilled legal advocates can expertly guide you through this challenging terrain.
If these warning signs resonate with your experience, seize this crucial moment to connect with a seasoned New York wrongful termination attorney. A dedicated lawyer will thoroughly assess your unique situation, illuminate your path forward, and help you craft a compelling, ironclad case that demands the justice and vindication you rightfully deserve.
Call a New York Wrongful Termination Lawyer
If you are experiencing discrimination at work due to identity or performance in any matter, 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.