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Labor & Employment

Wrongful Termination

Being let go without a reason, or for a reason that sounds invented, feels wrong. Whether it is legally wrong usually turns on one question: why it really happened.

Reviewed

01 GUIDE

Wrongful Termination: what usually happens

Unfair is not always unlawful

Most private employment in New York is at will, which means an employer can usually end it for a poor reason or for no stated reason at all. A termination becomes wrongful in the legal sense when the real reason is one the law forbids, such as discrimination based on a protected characteristic, retaliation for a protected complaint, or taking leave the law protects. It can also be wrongful when a contract or a collective bargaining agreement limited how or why you could be let go. Unlike some states, New York generally does not recognize a broad claim for firing someone against public policy, so a claim usually needs a specific statute or agreement behind it. Sorting which of these, if any, fits your situation is the first piece of work.

The days right after

Read anything you are handed before signing it, particularly a severance agreement, because a release usually gives up claims in exchange for the payment. Workers in the age group protected by federal age discrimination law are entitled to specific time to review and revoke certain releases, and those periods are worth confirming. Apply for unemployment insurance promptly, since being let go does not by itself disqualify most people. Keep the termination letter, performance reviews, and your own messages, and ask before taking company documents. Check what the notice about continuing health coverage says and when it arrived.

Testing the stated reason

Employers almost always give a reason, and the question becomes whether it holds up. Timing is often telling, for instance a termination that follows soon after a complaint, a leave request, or a disclosure. So is how others in a similar position were treated, whether the explanation shifted over time, and whether the paperwork supporting it was created only after the decision. We look at those points, which laws apply, whether an arbitration agreement controls the forum, and which agency filing windows are already running.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

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(424) 561-7557

Attorney Advertising. This page is general information about wrongful termination and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.