In New York, as in almost every other state, the employer who hires you can also fire you “at will,” meaning he or she need not show “just cause,” nor give you a warning of any kind. There are, however, some significant exceptions in place to protect employees from being fired unfairly. These include the prohibition of terminations that are discriminatory as defined by federal law as terminations that involve a breach of contracts.
- Skin color
- Ethnicity or country of origin
- Genetic information
Written and Implied Promises
- Promised job duration at the time of hiring
- Time already spent at the job
- Promotions you have been given
- Positive performance reviews
- Assurances of continued employment
- Promised sequential discipline or warning before termination
Breaches of Good Faith and Fair Dealing
- Prevent you from collecting sales commissions
- Prevent you from receiving bonuses
- Replace you with someone who will work for lower pay
Violations of Public Policy
As an employee, it is important to be aware that your employer is not permitted to fire you in retaliation for your public complaints about unfair treatment, whether they involve sexual harassment, abusive behavior, or assaults on your individual health or well-being. Anti-retaliation laws are in place to keep employees from hesitating to report bad treatment because they fear job loss and loss of health benefits for themselves and their families.
- Reporting or publicly complaining about your company’s threat to public safety
- Reporting labor law violations
- Filing a complaint with the Equal Employment Opportunity Commission (EEOC)
- Reporting your company to the Environmental Protection Agency (EPA)
At times, your employer’s behavior may be so egregious as to be considered fraudulent, meaning that he or she made a false representation in order to deceive you. In order to prove fraud, you must be able to demonstrate that the misrepresentation was intentional and that by relying upon that misrepresentation you were harmed. Fraud is difficult to prove since you must be able to show that your employer’s misconduct was purposeful rather than unintentional.
It is also possible that your wrongful termination was the result of damaging false statements made by your employer. In order to prove defamation, you have to be able to demonstrate that your former employer made malicious, false statements about you that caused your termination and potentially interfered with your chances of obtaining other equivalent employment.
Damages Awarded for Wrongful Termination
- Lost wages from the date of termination to the present
- Future lost wages if you haven’t been able to find employment by the time of trial
- Lost benefits, such as health insurance or stock options
- Emotional distress
Nassau County, Long Island Wrongful Termination Lawyer
If you have lost your job through wrongful termination, you deserve to be validated in a court of law and to receive just compensation. At Tand & Associates, our attorneys are powerful litigators and compassionate people. We are well-prepared to fight for your rights and see that you receive the justice you deserve. We can be reached at 516-393-9151, or by filling out a contact form on our website.