Experiencing a Wrongful Termination? Get Legal Support by the Top Employment Law Attorneys in New York

Wrongful termination, also known as wrongful dismissal or wrongful discharge, occurs when an employer terminates an employee’s contract in a way that breaches the terms of the contract, violates a statute, or contravenes employment law. Shalom Law is here to help you navigate the complexities of wrongful termination claims and ensure your rights are protected. Our experienced employment attorneys in New York, are ready to assist any employee whose been wrongfully terminated across Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York.

Understanding Wrongful Termination

Employment in most states, including New York, is “at-will,” meaning employers can terminate employment at any time, for any reason, or no reason at all. However, there are exceptions where termination may be deemed wrongful:

• Breach of Contract: If your employment contract promises job security or specifies that termination will only occur with “good cause,” a breach of this contract can be grounds for a wrongful termination claim.
• Implied Contracts: Statements or communications from your employer that suggest job security can also form the basis of an implied contract, though these cases are more challenging to prove.
• Legal Exceptions: Even at-will employees are protected under certain conditions, including:
  • Refusing to perform illegal acts (e.g., refusing to commit fraud)
  • Reporting legal violations (e.g., whistleblowing)
  • Engaging in activities in the public interest (e.g., jury duty)
  • Exercising statutory rights (e.g., filing for worker’s compensation)

Proving Wrongful Termination

The burden of proof in wrongful termination cases depends on the reason for termination. Employers cannot terminate employment for reasons such as discrimination or retaliation, but proving these claims requires substantial evidence.

Key Evidence to Collect:

• Documentation: Employment contracts, communications with your employer, and records of incidents.
• Logs: Keep a detailed log of incidents, dates, and times, especially in cases of discrimination or retaliation.
• Comparative Treatment: Document how your employer treats other employees compared to you.

Legal Protections Against Wrongful Termination

Several laws protect employees from wrongful termination, including:

• New York State Human Rights Law (NYSHRL): Prohibits termination based on protected characteristics such as race, ethnicity, sex, and religion.
• Family Medical Leave Act (FMLA): Protects employees from being terminated for using their legally entitled unpaid leave.

For more detailed information, you can refer to the U.S. Equal Employment Opportunity Commission (EEOC) website.

Shalom Law Protects NYC Against Wrongful Termination

If you believe you have been wrongfully terminated, Shalom Law can help you understand your rights and explore your legal options. Our experienced employment attorneys will assess your case and work to secure the compensation you deserve.

Why Choose Shalom Law:

• Expertise: In-depth knowledge of employment laws and wrongful termination cases.
• Client-Centered Approach: Dedicated to protecting your rights and securing the best possible outcome.
• Experienced Representation: Skilled in both negotiation and litigation.

Eligibility for Unemployment in NY

Employees wrongfully terminated may be entitled to unemployment compensation. However, eligibility can be affected by factors such as misconduct. If you have been wrongfully accused of misconduct, contact Shalom Law to discuss your case and potential remedies. 

Wrongful Termination FAQ