Losing a job unexpectedly can be stressful. If your termination was due to an illegal reason, such as discrimination, retaliation, or a breach of contract, you do have legal rights that can help you remedy the situation. Learning about how to file a wrongful termination or discrimination claim in Albany, NY, can help you determine whether you are able to file a claim and what your next steps should be.
How a Termination Can Be Wrongful
New York is an at-will employment state, which means employers can fire employees at any time for any reason, as long as the reason doesn’t violate wrongful termination laws. This includes if you work for a top employer, such as the Albany Med Health System or the University at Albany, or for a smaller employer.
During termination, two out of three workers received no reason or an unfair reason for termination. While this does not always mean the termination is wrongful, it is a warning sign. If you have been fired for an illegal reason, speak with an Albany wrongful termination attorney for guidance.
Identifying if your termination is protected by New York and federal wrongful termination laws is an essential step. At Gattuso & Ciotoli, PLLC, some of the most common reasons we see that make a termination wrongful include:
- Discrimination based on protected characteristics. An employer cannot fire someone because of legally protected characteristics, such as their race, religion, sex, pregnancy, disability, or age.
- Retaliation for reporting misconduct. Employees have the right to report discrimination, harassment, or labor law violations. If an employer fires an employee because they filed a complaint, claim, or participated in a claim or investigation into these issues, it is wrongful termination. In 2024, the U.S. Equal Employment Opportunity Commission (EEOC) had 1,561 charges of retaliation from New York.
- Whistleblower retaliation. Whistleblower retaliation is a type of retaliation that involves firing an employee for reporting illegal actions, such as fraud or safety violations. An employee may also face retaliation after refusing to participate in an illegal activity.
- Termination after requesting medical leave or accommodations. Employees have the right to request and use medical leave, such as Paid Family Leave and leave under the Family and Medical Leave Act. Since this is a protected right, it is illegal for an employer to fire an employee for this reason.
- Violation of an employment contract. Many employees have written or oral contracts that limit when or why termination may occur. For example, by outlining specific fireable offenses or protected actions, or requiring employers to provide a performance improvement plan before firing.
Steps to Take in a Wrongful Termination Case
If you suspect that you were wrongfully terminated, some steps you should take are:
Gather Relevant Evidence
Gather any evidence surrounding your firing or performance. Do this as soon as possible, as you may lose access to evidence after being fired. Useful evidence may include:
- Offer letters and employment contracts
- Employee handbooks
- Performance evaluations
- Emails and text messages
- Internal complaints
- Termination letters
- Witness information
Hire a Wrongful Termination Lawyer
Working with an Albany wrongful termination attorney early can help you understand the filing process. They can explain filing deadlines, organize evidence, identify what documents you need to file a claim, and which agency to file through. Having professional legal guidance can minimize the chance of errors during this process.
File a Claim Against the Employer
If, after speaking with a lawyer, you decide that your employer has violated wrongful termination laws, you can file a claim against them. You may file a state-level complaint or a complaint through a federal agency, depending on the reason for termination.
Build a Strong Wrongful Termination Claim
After a complaint is filed, your lawyer can help you analyze evidence and build arguments against your employer. They can gather sufficient proof to prove your employer’s misconduct as well as to prove the damages you are facing.
Pursue Negotiations or Litigation Against Your Employer
A wrongful termination case is typically settled through settlement negotiations. However, if negotiations can’t achieve the full recovery you deserve, you can pursue litigation. In court, your lawyer can represent you and advocate for a fair recovery, though a judge makes the final decision.
FAQs
How Long Do You Have to File a Wrongful Termination Claim?
Filing deadlines can vary depending on the reason you were fired and what agency you are filing through, which is why you should hire a wrongful termination lawyer as soon as possible. For example, for filing with the state’s Division of Human Rights, you have three years to file a discrimination or harassment claim, while filing with the EEOC must be done within 300 days.
What Are Legal Reasons to Be Fired?
Since New York is an at-will employment state, employers can fire employees for any reason or even without a true reason. This commonly includes poor performance, violating employment contracts, chronic absenteeism, or business reasons, such as layoffs. There are only certain illegal reasons that must be avoided, such as discrimination or retaliation.
Can You Be Fired if You Are On Leave?
Yes, you can be fired if you are on leave, such as paid family leave or paid sick leave, as long as it is not for an illegal reason. Being on leave does not make you immune to layoffs, company restructuring, or being fired for your actions or performance before you were on leave.
What Remedies Are There in a Wrongful Termination Case?
If you succeed in a wrongful termination case, you can recover compensation and injunctive relief. Often, this includes compensation for lost wages and benefits, legal fees, emotional distress, or damage to your professional reputation. Injunctive relief involves court-ordered remedies such as reinstating you to your previous position or requiring your employer to change discriminatory company procedures.
Why You Should Hire a Wrongful Termination Lawyer From Gattuso & Ciotoli, PLLC
If you believe that you were terminated for an illegal reason, do not wait to take legal action. Employment claims often involve strict deadlines and essential evidence from your job. Contact Gattuso & Ciotoli, PLLC to get help today. Our experienced attorneys have over 50 years of combined experience standing up for employee rights.