Brooklyn Wrongful Termination Attorney

Many people believe that because New York is an at-will state that they can be fired for any reason. However, one caveat is that workers cannot be fired for an illegal reason or one that violates their work contract. Zachary Naidich, founder of Naidich Law, has extensive experience handling cases for employees who have been wrongfully dismissed for unlawful reasons.

If you believe your firing was illegal, contact Naidich Law to discuss your claim during a free and confidential consultation.

When Can an Employer Not Fire Me?

Even in at-will states like New York, employers cannot fire employees for any of the following reasons:

Discriminatory Reasons

State and federal laws protect workers from discrimination on the basis of:

• Race
• Color
• National origin
• Sexual orientation
• Gender identity or expression
• Religion
• Age (if age 40 or older)
• Disability
• Pregnancy

An experienced employment attorney can review your case to determine if you have a viable wrongful termination claim.

Exercising Your Legal Rights

It is also illegal for an employer to terminate an employee because the employee exercised their legal rights, such as:

• Filing a claim for unpaid wages or overtime pay
• Filing a workers’ compensation claim
• Taking Family and Medical Leave Act (FMLA) leave when qualified and following the proper procedures
• Reporting sexual harassment in the workplace to their employer

In Retaliation

An employer cannot fire an employee in retaliation because the employee was exercising their legal rights, reporting the employer’s illegal conduct, or cooperating with another employee’s investigation. Even if the underlying complaint is ultimately determined to be unfounded, an employer still cannot terminate an employee for these acts.

In Violation of an Employment Contract

It can also be wrongful termination when an employer terminates an employee who has a contract in violation of the terms of the contract. This applies if the contract is written or implied.

Potential Damages in a Wrongful Termination Case

If you prove you were wrongfully terminated, you may be entitled to compensation for:

• Back pay – Back pay is the wages you lost that you would have received had you not been wrongfully terminated. For example, if you were wrongfully terminated ten weeks ago, you may be able to recover compensation for those ten weeks of lost wages. This also includes any bonuses, commissions, or other compensation you may have received during that time.
• Front pay – Front pay covers future earnings you would have expected if you had continued working for your employer.
• Lost benefits – You can also seek compensation for benefits you lost because of the wrongful termination, such as health insurance, stock options, retirement contributions, and other employment perks.
• Training and rehabilitation costs – If the dismissal makes it more difficult for you to recover similar employment, you may be able to recover compensation for retraining or rehabilitation expenses.
• Non-economic damages – You may be able to recover compensation for emotional distress, mental anguish, and other subjective losses you suffered because of the situation.
• Legal fees and costs – In some cases, you may be able to recover reasonable attorney fees and legal costs you incurred to bring your claim.

An experienced Brooklyn wrongful termination attorney can review your case and explain the damages that might be available in your claim.

Contact Us for Help with Your Wrongful Termination Case

Learn more about your legal rights and options when you contact Naidich Law for a confidential consultation.