What Is Wrongful Termination?

Fired in New York? Understanding Wrongful Termination 

Losing a job is a difficult experience. In New York, employment is generally governed by “at-will employment”. This means without a specific content, an employer can often terminate an employee for almost any reason, or no reason, without notice. Similarly, employees can leave under the same conditions. 

However, “at-will” doesn’t mean employers can fire employees for illegal reasons. Terminations violating federal, state, or local laws are considered wrongful termination. This includes related terms like wrongful discharge, wrong dismissal, wrongful firing, illegal firing, or illegal termination. Many employees are unaware of these crucial exceptions to the at-will rule. Understanding the difference between an unfair firing and an illegal termination is key. 

This article explains at-will employment in New York, details the exceptions that constitutes wrongful termination, clarifies termination “for cause” versus illegal firing, and guides you on determining if your termination was unlawful and how to approach proving it.

Decoding “At-Will Employment”: The General Rule in New York 

At-will employment is the standard in New York and most of the US. It means that either party can end the employment relationship anytime, for any reason that isn’t illegal, or no reason, often without notice. 

Employers value this flexibility and often include “at-will” statements in hiring documents to prevent misunderstandings about job security. For employees, it offers freedom to leave but can create job insecurity. The critical limit is that employers cannot fire someone for reasons violating specific laws or public policies. Unfairness alone doesn’t make firing illegal; it must cross into legally prohibited territory.

When “At-Will” Doesn’t Apply: Exceptions That Make a Firing Illegal (Wrongful Termination) 

Significant exceptions limit the at-will employment doctrine. Terminations falling under these exceptions are considered wrongful termination or wrongful discharge. Key exceptions in New York include: 

• Discrimination: Federal, NY State, and NYC laws forbid firing based on protected characteristics. New York often offers broader protections than federal law. Protected classes include race, color, national origin, age (18+ in NYS), sex or gender (including pregnancy, gender identity), sexual orientation, disability, genetics, martial/familial status, military, status, and oftentimes conviction records. Severe harassment based on these traits is also illegal discrimination, and firing someone for reporting it constitutes wrongful termination. 

• Retaliation: Employers cannot fire employees for engaging in legally protected activities. This includes firing someone for: reporting discrimination or harassment, participating in related investigations, whistleblowing, requesting reasonable accommodations, taking legally protected leave (FMLA), or reporting safety violations.  

• Breach of Contract: An employment contract promising job security or limiting termination reasons overrides the at-will rule. Firing in violation of a contract is wrongful termination.  

• Written Contracts: May require termination only “for cause” or specific procedures. 

• Implied Contracts: Can arise from employer statements, actions, or handbook policies, though proving them can be difficult, especially with disclaimers. 

• Violation of Public Policy: Firing an employee for reasons against clear public policy is illegal. This often protects employees who: 

• Refuse to break the law for the employer. 

• Report illegal conduct (whistleblowing). 

• Exercise statutory rights. 

• File a workers’ compensation claim.

What About Being Fired “For Cause”? (The Legal Reasons) 

Employers can legally fire employees for legitimate, job-related reasons, known as termination “for cause” or for an “adequate reason”. This means the employee engaged in misconduct or failed to meet job standards, providing a valid, non-discriminatory, non-retaliatory reason. 

Common examples of “adequate reason” termination include poor performance or incompetence, misconduct, attendance problems, theft or criminal behavior, safety violations, substance abuse, and harassment of others. 

Legitimate business reasons like layoffs are also generally legal. The key difference is: “for cause” is based on legitimate grounds; wrongful termination (illegal firing) occurs when the real reason violates the law. Employers committing illegal firing often provide a false but plausible “adequate reason” (pretext). Proving this pretext is central to many wrongful termination cases.

“Was I Wrongfully Terminated?” How to Prove an Illegal Firing 

Proving wrongful termination means showing the employer’s stated “adequate reason” was a cover for an illegal motive (like discrimination or retaliation). This often requires gathering evidence: 

• Employment Documents: Contracts, handbooks, offer letters. 

• Performance Records: Positive reviews, emails, awards contradicting claims of poor performance. 

• Written Communications: Emails, texts, memos related to performance, termination, or protected activities. 

• Witness Information: Colleagues who saw relevant events or can counter the employer’s reason. 

• Timeline: Close timing between a protected activity and termination can suggest retaliation. 

• Inconsistent Treatment: Evidence of being treated differently than others or deviation from company policy. 

• Employer’s Stated Reason: Document the reason given; inconsistencies can weaken the employer’s case. 

Building a case usually involves combining multiple pieces of evidence. Acting quickly is crucial due to strict deadlines (statute of limitations) for filing claims, especially for discrimination or retaliation (often 300 days of EEOC/NY DHR). Missing deadlines can bar legal action.

Next Steps: Suspect of Wrongful Termination in New York? 

If you suspect wrongful termination in New York State: 

• Preserve Evidence: Keep copies of all relevant documents, communications, and notes. 

• Seek Legal Counsel: Consult an experienced New York wrongful termination lawyer. They can assess your claim, explain your rights and deadlines, and guide you through the process. Representation often leads to better outcomes. 

Resources for legal in New York State include the following: 

• NYC Bar Legal Referral Service (LRS): Connects you with employment lawyers. 

• The Legal Aid Society of NYC: Offers free legal services to low-income New Yorkers. 

• New York State Bar Association (NYSBA): Provides referrals and information. 

• Online Resources: Nolo and FindLaw offer general info and lawyer directories. 

Remember, you often need to file a complaint with agencies like the EEOC or NY DHR before suing for discrimination or retaliation. A lawyer can help with this. Successful claims may result in remedies like back pay, compensation for distress, future pay, punitive damages, and attorney fees. 

Conclusion: Navigating Termination in New York 

While at-will employment gives New York employers broad firing authority, it’s limited by laws against illegal firing due to discrimination, retaliation (including for whistleblowing), breach of contract, or public policy violations. Distinguishing unfairness from illegal termination is key.
Employers can fire “for cause” with an adequate reason but cannot use legitimate reasons as pretext for illegal motives. Proving wrongful termination requires evidence challenging the employer’s stated reason.
If you believe you faced illegal termination in New York, act promptly. Preserve evidence and consult a New York wrongful termination lawyer. Understanding your rights can empower you to seek justice if your termination was unlawful. 

Call Us

We at Filippatos PLLC stand in proud solidarity with every individual who uses their right to create a better workplace. If you are experiencing discrimination at work due to what you believe is for illegal reasons, 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.