Wrongful Termination

What is Wrongful Termination?

In law, Wrongful Termination, also called Wrongful Dismissal or Wrongful Discharge, is a situation in which an employee’s contract of employment has been terminated by the employer, in an way which breaches one or more terms of the contract of employment, a statute provision, or rule in employment law

How Do I Know if I’ve Been Wrongfully Terminated?

Across the country, in all states but one, employment is “at will.” What this means is that an employer can terminate your employment at any time, for any reason, or no reason at all. Typically, if the termination of an at-will employee is challenged, the following reasons for termination have usually been found to be completely lawful:

Company was downsizing.
The employee had performance issues.
The employee engaged in workplace misconduct.
There was a conflict of personalities between this employee and management.

At-will employment also benefits the employee, in that he or she may resign or leave whenever he or she pleases, without giving any reason.
However, if, on the other hand, your employment contract, or other valid documentation, included the promise of job security, or a guarantee that termination would only be done with “good cause,” you were not an at-will employee, and you may have a breach of contract claim if the contract is violated.

Additionally, if an employer specifies the period of employment or subjects you to a policy of progressive discipline, and then the employer terminates you, you may be able to sue after being fired for breach of an implied contract. A case can also be made for implied employment contract based on statements made by your employer or communications you exchanged, but this is a more challenging argument.

You, as an employee, may also be able to file a Wrongful Termination lawsuit, regardless of if you are an at-will employee or not, thanks to four key legal exceptions to the at-will employment default rule. Under these exceptions, even at-will employees are protected from being fired for choosing to take one of the following lawful actions, divided into four broad categories

Refusing to perform an act prohibited by the law (i.e., refusing to commit Medicare fraud; refusing to perform sexual favors for a boss)
Reporting a legal violation (i.e., reporting Medicare fraud; filing an HR complaint of workplace harassment)
Engaging in acts that are in the public interest (i.e., attending jury duty; missing an hour of work to vote)
Exercising a statutory right (i.e., filing a worker’s compensation claim, requesting payroll records)

Finally, employees like you are also protected by laws like the New York State Human Rights Law (NYSHRL), which prohibits firing an employee on the basis of protected factors, such as race, ethnicity, sex, religion, age, and many others. It also prohibits employers from firing employees in Retaliation for reporting the employer for committing an unlawful employment practice. The federal Family Medical Leave Act (FMLA) also protects employees like you from being terminated by your employer for using your unpaid FMLA leave that you are legally entitled to.

Often, termination occurs for reasons that are not legally accepted. When unlawful termination has occurred, the employer has breached your original contract of employment, and can be taken to litigation.

Proving Wrongful Termination

Proving Wrongful Dismissal depends entirely on the reason, or reasons, you were fired. Employers cannot terminate employment for any of the reasons listed above, but their employment decisions are often still given a lot of deference thanks to at-will employment laws. What this means for proving your case is that you’re going to need as much documentary evidence as you can find to combat what the employer is going to proffer as their reasoning for terminating you.
Wrongful Termination claims premised on a breach of the employment contract are often the easiest to prove. For these claims, the necessary evidence is often just the employment contract and evidence of the actions taken in contradiction of the contract (i.e., if your employment contract states that you are entitled to seven sick days a year, but you get terminated for “using too many sick days” after you only used three days.)
For Wrongful Termination claims based on Discrimination or Retaliation are a bit tougher to prove. Because workplace Discrimination and Retaliation often take place through words or conduct on the job, it can be hard to find documentary evidence to support your claim. So instead of relying on hoping the courts believe your word against your employer’s, try to keep a log of dates and times of incidents, as well as any patterns you notice in how your employer treats you in comparison to other employees within and outside of your protected class. This can all prove very helpful when you bring your claim.

Shalom Law Protects NYC Against Wrongful Termination

If you think you have been unlawfully terminated by your employer, you may be entitled to compensation. To find out if are owed compensation, and how much you might be entitled to, contact one of the experienced employment attorneys here at Shalom Law, PLLC. We would be happy to discuss your potential Wrongful Termination claim with you and help you learn about your options. Contact our office at (718) 971-9474 today for a confidential consultation.

Are You Eligible for Unemployment in NY?

According to state law, employees that are wrongfully terminated may be entitled to unemployment compensation. The legal process can be lengthy but receiving unemployment benefits are definitely advantageous. Filing for unemployment compensation varies across the states, but in many, however, you are ineligible if your employment was terminated due to “misconduct,” which includes lying, failing an alcohol or drug test, or breaking a company policy. If you feel you have been unlawfully accused of misconduct by your employer, contact Shalom Law today to discuss what happened to you and what you can do about it.