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New York Wrongful Termination

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New York wrongful termination laws protect New York employees from being fired for discriminatory reasons or other reasons that violate the employee's rights. If an employee has been the victim of a violation of New York employment law, including being wrongfully terminated from his or her employment, a wrongful termination lawsuit may be filed against the employer.


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New York Wrongful Termination and Employment At-Will

wrongfulterminationlaw3 New York is an "at-will" state. This means that either the employer or employee can terminate the employment relationship for no reason at any time, excepting certain circumstances. An employer cannot fire an employee for reasons that violate the employee's rights, such as because of the employee's gender, race or marriage status. A collective bargaining agreement may also prevent firing an employee for certain reasons.

Under New York State Labor Law, an employer cannot fire an employee for political or recreational activities outside of work, legal use of consumable products outside of work, membership in a union or making a complaint about a provision of labor law.

Under the Worker Adjustment and Retraining Notification Act (WARN, enacted by Congress in 1988), an employer with 100 or more workers must give at least 60-days' notice if a plant closing affects 50 or more employees. If the mass layoff is not the result of a plant closing, employers must give notice for any furlough of 50 or more workers if they make up one-third of the workforce or if 500 or more workers are laid off.

Employers cannot terminate an employee for reporting their illegal actions to authorities (whistleblowing) nor can they fire an employee for refusing to do something illegal as part of their job. Finally, employers cannot terminate an employee if doing so breaches an explicit or implied contract.

New York Wrongful Termination Lawsuit

Lawsuits have been filed in New York alleging employees were victims of wrongful termination, because they were fired as a result of discrimination, retaliation or another legally protected situation.

Employees who believe they were the victim of wrongful termination can file a lawsuit to be reinstated to their job, to recover wages lost as a result of the job loss and, in some cases, to collect punitive damages from their employer.

New York Wrongful Termination Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to an employment lawyer who may evaluate your claim at no cost or obligation.
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New York Wrongful Termination Results in Lawsuits
New York Wrongful Termination Results in Lawsuits
October 4, 2013
Although New York is an at-will employment state, there are circumstances in which an employee can file a New York wrongful termination lawsuit. If an employee has been fired for discriminatory reasons, for example, he or she could allege violations of federal and New York employment law. A New York wrongful employment termination lawsuit could result in financial recovery for the plaintiff, as well as reinstatement to the job position. READ MORE

Former Hempstead District Employee to Sue for New York Wrongful Termination
Former Hempstead District Employee to Sue for New York Wrongful Termination
September 2, 2013
The man credited with exposing a grade-changing campaign at a school district in New York state is suing his former employer for New York wrongful termination. READ MORE


Posted by

I was wondering if I had a case back on July 29th I injured my back at home went to the hospitals that Sunday was put in bed rest for a week followed up with my primary doctor And was put on bed rest for another month I had showed my employer the doctors bed rest order and a few week later my employer let me go Bc he said he didn't know when I would be able to come back

Posted by

I believe I was wrongfully terminated from my previous job. It happened October of 2015. I was going through some medical issues while pregnant & my employer hired someone to replace me without any notice within two days of being out. Do I have a case? Or is it too late? When I filed for unemployment the department of labor notified me that my employer claimed that she was never aware of my condition or that I will be absent from work which is not true. They knew everything that was going on with me because I communicated it with the employer & other staff.

Posted by

My partner who is a physcian came to work one morning and was met outside by three other staff members. they brought him to room and told him that he was suspended with no pay. why?..the said somone said he was a chronic alcholic consistantly came to work and performed while impared.....oh yes and he always reqed of alchol.
funny thing he dosent drink he is allergic, wich is well documented and went to get bac drawn withen 30 min.....of coarse blood test was negitive....his union lawer was an ass....and a lier
itwas proven unfounded......had state closed what ...what happens to the persons who did this, wich im sure who they are but cant see unless we sue...we were givin wrong infromation at evrey turn this doctor has practiced in this county for 30 some years...also the medical examiner. also another aspect he was called out the night before 3 times and was with the police untill 7 does somthing like this go unoticed he has changed
...deppression set in its like he gave hurt and just in plain disbelife


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