NYC Wrongful Termination Attorneys

Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local law.

Common claims include:

Discrimination-Based Termination

You were fired because of a protected characteristic, including:

• Race
• Gender
• Pregnancy
• Age
• Disability
• Religion
• National origin
• Sexual orientation
• Gender identity

Such terminations may violate:

• Title VII of the Civil Rights Act
• The Americans with Disabilities Act (ADA)
• The Age Discrimination in Employment Act (ADEA)
• New York State Human Rights Law (NYSHRL)
• New York City Human Rights Law (NYCHRL)

Retaliation for Protected Activity

It is illegal to fire someone for:

• Filing a discrimination complaint
• Reporting harassment
• Requesting medical or disability accommodations
• Taking FMLA leave
• Participating in a workplace investigation

Whistleblower Retaliation

If you were terminated after reporting fraud, illegal activity, financial misconduct, or safety violations, you may be protected under New York whistleblower laws or federal statutes.

Violation of FMLA or Medical Leave Laws

Termination after taking protected medical leave, pregnancy leave, or caring for a seriously ill family member may support a retaliation or interference claim.

Breach of Employment Contract

If you had a written employment agreement limiting termination grounds, or an executive contract promising job security, a breach of contract claim may apply.

Constructive Discharge

If your employer made working conditions so hostile or intolerable that you were forced to resign, the law may treat that resignation as a termination.

Is New York an At-Will State?

Yes. In most situations, an employer can terminate employment at any time, for almost any reason — or no reason at all.

However, at-will employment does not allow termination for illegal reasons.

When You CAN Sue

You may have a case if the termination involved:

• Discrimination
• Retaliation
• Whistleblowing
• Violation of medical leave rights
• Breach of contract
• Violation of public policy

When You Likely CANNOT Sue

You generally cannot sue if:

• You were fired for poor performance (with no illegal motive)
• The employer restructured or downsized legitimately
• The termination was harsh but not unlawful

Do You Have to File With the EEOC First?

For discrimination and retaliation claims under federal law, you must typically file a charge with the Equal Employment Opportunity Commission (EEOC) before filing a lawsuit. In New York, the filing deadline is usually 300 days from the termination.

Some claims may instead be filed with the New York State Division of Human Rights (NYSDHR) or directly in court.

Deadlines vary depending on the claim:

• EEOC (Federal Discrimination Claims): 300 days from termination
• New York State Human Rights Law (Court Filing): Generally 3 years
• New York City Human Rights Law: Generally 3 years
• Breach of Contract Claims: Typically 6 years
• Whistleblower Claims: Varies by statute, often shorter
• FMLA Claims: 2 years (3 years for willful violations)

Missing a deadline can permanently bar your claim. Early legal review is critical.

Taking the right steps immediately can strengthen your case:

• Request the reason for termination in writing
• Preserve emails, text messages, and performance reviews
• Do not sign a severance agreement without legal review
• Document discriminatory or retaliatory comments
• File an internal complaint if appropriate
• Contact an experienced NYC wrongful termination lawyer immediately

Severance agreements often include waivers of legal claims. Signing without review can eliminate your right to sue.

Every case is unique. Potential value depends on several factors:

• Your salary and compensation structure
• Length of unemployment
• Lost bonuses, commissions, and benefits
• Emotional distress damages
• Strength of documentation and evidence
• Employer size and financial condition
• Potential punitive damages exposure

High-level executives or long-term employees with strong documentation may have substantial claims. An experienced wrongful termination lawyer NYC employees trust can provide a tailored assessment.

Our attorneys conduct a detailed investigation of:

• Termination documents
• Employment agreements
• Performance evaluations
• Internal complaints
• Witness testimony
• Employer policies

We pursue remedies such as:

• Back pay and front pay
• Lost benefits and bonuses
• Emotional distress damages
• Punitive damages in egregious cases
• Reinstatement (where appropriate)
• Attorneys’ fees
• Negotiated settlements or full litigation in state or federal court

We prepare every case as if it will go to trial — which often strengthens negotiation leverage.

Can my employer fire me without warning in New York?

Yes, generally. However, termination cannot be based on discrimination, retaliation, or other unlawful motives.

Is New York an at-will state?

Yes. But “at-will” does not permit illegal termination.

How much is a wrongful termination case worth?

It depends on salary, damages, evidence strength, and employer size.

Can I collect unemployment if I was wrongfully terminated?

In many cases, yes — especially if termination was not based on serious misconduct.

Do I have to file with the EEOC first?

For federal discrimination claims, yes. State and city claims may allow direct court filing.

What if I was fired during probation?

Probationary status does not eliminate protection against discrimination or retaliation.