Wrongful Termination Lawyer : Your Rights and Legal Options

Under New York law, employers cannot terminate employees based on race, color, national origin, sex, age, disability, religion, sexual orientation, or gender identity. Federal law under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) provide additional protections. Employers also cannot fire employees in retaliation for reporting illegal conduct, refusing to engage in illegal activities, or exercising rights such as jury duty or voting. An experienced wrongful termination attorney will examine the timing of your termination, any documented complaints you made, and the employer's stated reason for the firing to identify potential violations.

New York law protects employees who engage in certain activities from retaliation. These protected activities include reporting workplace safety violations, filing workers compensation claims, serving on jury duty, voting, and disclosing illegal employer conduct. If your employer terminated you shortly after you engaged in one of these protected activities, retaliation may be the basis for your claim. Courts examine the temporal proximity between your protected activity and termination, as well as any adverse employment actions that preceded the final firing. Documentation of your protected activity and the termination timeline strengthens your legal position in pursuing damages.

The New York State Human Rights Law is one of the broadest anti-discrimination statutes in the nation. It covers employers with four or more employees and prohibits discrimination in all aspects of employment, including hiring, compensation, and termination. The statute protects employees based on race, creed, color, national origin, sexual orientation, military status, sex, disability, age, and domestic violence victim status. Violations of the Human Rights Law can result in compensatory damages, punitive damages, and attorney fees. The New York Division of Human Rights investigates complaints and can issue findings that support your wrongful termination claim or direct case resolution.

Federal employment law provides additional protections that may apply to your wrongful termination case. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees. The Age Discrimination in Employment Act protects workers age 40 and older from age-based discrimination. The Americans with Disabilities Act requires employers to provide reasonable accommodations and prohibits discrimination against qualified individuals with disabilities. The Genetic Information Nondiscrimination Act (GINA) protects employees from discrimination based on genetic information. A wrongful termination lawyer in NYC will evaluate which federal statutes apply to your situation and pursue claims under the most advantageous legal framework.

Discrimination claims under the New York State Human Rights Law may be filed with the New York Division of Human Rights (DHR) or directly in state court. The DHR investigation process typically takes six months to two years, after which the agency issues findings. If the DHR finds probable cause of discrimination, you may pursue a complaint before an administrative law judge or file a civil action in state court. New York State courts, including the Supreme Court and Civil Court, have jurisdiction over wrongful termination claims based on state law violations, breach of contract, and violations of public policy. Filing deadlines vary depending on the legal theory and forum, with the statute of limitations typically ranging from one to six years. An experienced wrongful termination case attorney will ensure your claim is filed within the applicable deadline and in the appropriate venue.

Federal employment discrimination claims under Title VII, the ADEA, and the ADA require filing a charge with the Equal Employment Opportunity Commission (EEOC) before pursuing litigation in federal court. The EEOC charge must be filed within 300 days of the discriminatory act in New York, which is a deferral state that works in conjunction with the state DHR. After filing an EEOC charge, you must wait for the agency to issue a right to sue letter before filing a lawsuit in federal district court. Federal court proceedings follow the Federal Rules of Civil Procedure and may involve more extensive discovery and litigation than state court. The United States District Court for the Southern District of New York and the Eastern District of New York have jurisdiction over wrongful termination claims arising from federal employment law violations. Understanding the administrative prerequisites and federal court procedures is essential to protecting your rights under federal law.

Compensatory damages in wrongful termination cases include back pay (wages you would have earned from termination until trial or settlement), front pay (future lost earnings), and benefits such as health insurance and retirement contributions. You may also recover damages for emotional distress, reputational harm, and other non-economic losses. Punitive damages are available under the New York State Human Rights Law and some federal statutes when the employer's conduct is intentional, malicious, or reckless. The amount of punitive damages is typically limited to a multiple of compensatory damages or a statutory cap. Attorney fees and costs are recoverable under many employment statutes, which means your employer may pay your legal expenses if you prevail. A comprehensive damage analysis ensures you understand the full value of your claim and can make informed decisions about settlement negotiations or trial.

In some cases, you may seek reinstatement to your former position or a comparable position with the employer. Reinstatement is often preferred over monetary damages because it restores your career trajectory and employment relationship. However, reinstatement may not be practical if the working relationship has deteriorated or if the employer has closed the relevant position. Injunctive relief may be available to prevent the employer from engaging in further discriminatory or retaliatory conduct, or to require the employer to implement anti-discrimination policies and training. The following table outlines the primary types of remedies available in wrongful termination cases:

After your termination, document all relevant facts and gather evidence that supports your claim. Preserve your termination letter, email communications with your employer, performance reviews, and any written policies referenced by your employer. Collect documentation of any complaints you made regarding discrimination, safety violations, or illegal conduct. Keep records of your job search efforts and any job offers you received, as these demonstrate your efforts to mitigate damages. Take detailed notes about conversations with supervisors, human resources personnel, and coworkers regarding your termination, including the dates, times, and specific statements made. Photographs or copies of workplace materials, training records, and communications may be critical evidence. The more thorough your documentation, the stronger your case will be when presented to a court or administrative agency.

Depending on the legal basis of your wrongful termination claim, you may need to file complaints with administrative agencies before pursuing litigation. For claims based on the New York State Human Rights Law, you may file a complaint with the New York Division of Human Rights within one year of the discriminatory act. For federal discrimination claims, you must file an EEOC charge within 300 days of the unlawful employment action. These administrative filings establish your claim and trigger agency investigations that may support your legal position. After the administrative process concludes or if administrative remedies are exhausted, you may file a civil lawsuit in state or federal court. A wrongful termination lawyer in NYC will ensure all administrative prerequisites are satisfied and that your civil claims are filed within the applicable statute of limitations. Missing these deadlines can result in loss of your legal rights, making timely action critical.