New York City Wrongful Termination Attorneys
When you work hard, put in the time, and follow the protocols of your place of employment, you expect to be treated fairly. Unfortunately, many New York City employees face wrongful termination by the hands of their employers. If you believe that your firing was a result of wrongful termination, Brown Kwon & Lam will fight for you. Our legal team understands the intricacies of employment law and is ready to hold employers accountable to legal standards and company policies.
Fired for an unlawful reason? Speak with a qualified wrongful termination lawyer in New York City at Brown Kwon & Lam. Contact us online or dial (212) 295-5828 for a consultation.
Understanding Your Rights as an Employee in New York City
As an employee in New York City, it's important to understand your rights when it comes to wrongful termination and at-will employment. Our team of experienced employment law attorneys at Brown Kwon & Lam can provide you with the knowledge and support you need to navigate the complex laws surrounding wrongful termination in New York City.
Some key points to consider include:
- Understanding the concept of at-will employment and its limitations
- Knowing the types of wrongful termination recognized in New York City
- Being aware of workplace violations and how to document them
- Understanding the steps to prove wrongful termination and seek justice
Having the correct information gives you the ability to protect your rights at work and take appropriate action if you believe someone has been fired unfairly. Get in contact with our committed staff right now to set up a meeting and learn more about the support we can offer in understanding your situation.
At-Will Employment & Wrongful Termination in New York
New York City is an at-will employment state, meaning an employer may terminate an employment contract at any time for any reason. However, if the termination is a result of discriminatory actions, the termination is illegal and actionable under city, state, and federal laws.
Permissible terms of termination include:
- Downsizing due to genuine economic reasons
- History of performance issues that are documented over time
- Conflicts within staff as deemed necessary for operational harmony
Though New York City is an at-will employment state, that does not mean employers can use the above situations to terminate someone wrongfully. Employers should ensure that terminations are consistent with established policies and nondiscriminatory practices. Examples of discriminatory practices for terminations may include only terminating people of color in the workplace when it comes to downsizing, issues with one group of employees of a protected class, and more. Employers must adhere to equitable treatment to avoid punitive repercussions.
Types of Wrongful Termination in Brooklyn & New York City
Wrongful termination can look like a variety of things. Most commonly, employers will try to mask a firing as unrelated. However, in many cases, employees know something is going on behind closed doors that contradicts fair employment practices.
Common forms of wrongful termination in New York City include:
- Discrimination on the basis of a protected category like race, sex, gender, disability, national origin, etc.
- Retaliation for filing complaints or participating in investigations
- Breach of contractual obligations that guarantee specific job security
- Violation of company employment policy that protects employees' rights
- Resisting or objecting to public duties such as jury duty or voting requirements
Unless your employment contract specifically states the terms of your employment in regards to hiring and firing, proving wrongful termination in New York City can be difficult–but not impossible. Our team is dedicated to uncovering the truth and holding employers accountable.
How to Prove Wrongful Termination In New York City
When you suspect your firing resulted from wrongful termination in New York City, you must have some evidence to support your theory. In the best-case scenario, your employment contract may be used to show you were wrongfully terminated. In some cases, your employee rights attorney may be able to review the contract's language against the events that preceded your termination to prove it was unlawful. This may include sick time, time off for civic duties like jury duty and voting, and other legally protected activities.
If discrepancies in your contract do not exist, it may become more difficult to prove. If you believe you were wrongfully terminated because of your status as a member of a protected class, you will have to show a consistent pattern of discriminatory behaviors that support this claim, potentially leading to formal investigations.
Such behaviors may include:
- Discriminatory comments
- Disparate treatment between employees of different class
- Sexual harassment
You may need to show evidence through witness testimony, emails, voice mails, etc., to support these claims, ensuring accountability and reinforcing workplace ethics. When your wrongful termination case shows it violates federal and state laws, you will need a trusted employee rights attorney to fight for you. You’ll need Brown Kwon & Lam.
Local Laws & Protections In New York City
New York City follows state and federal employment laws and has local regulations designed to protect workers' rights. The New York City Human Rights Law provides broader protections than state or federal laws, prohibiting discrimination in employment based on race, color, national origin, gender, gender identity, religion, and more. This law ensures that employers in New York City maintain fair employment practices and provides a framework for legally challenging wrongful termination.
Additionally, the New York City Commission on Human Rights actively enforces these local laws, offering guidance and resources to employees who believe they have been wrongfully terminated. By consulting with entities like this, employees can gain a better understanding of their rights and the protections available to them within the city. This adds another layer of safeguarding that is vital in an at-will employment environment, where terminations can occur without specific causes.
Addressing Workplace Discrimination in New York
For many employees in New York, navigating workplace discrimination can be overwhelming. Recognizing signs such as unfair treatment, exclusionary practices, or hostile work environments is crucial. Employees should document incidents thoroughly, noting dates, times, and any witnesses. Maintaining a record of communications, whether through emails or formal complaints, can serve as vital evidence should a legal claim be necessary.
Once discrimination is identified, contacting an experienced attorney at Brown Kwon & Lam is a beneficial first step. Legal professionals can provide comprehensive assistance, from filing complaints with appropriate bodies, like the Equal Employment Opportunity Commission, to pursuing action through local entities such as the New York City Commission on Human Rights. These steps not only protect individual rights but also promote fair treatment across workplaces in the city.
FAQs on Wrongful & Unlawful Termination
Can I Be Fired Without a Warning in New York City?
Yes, as an at-will employment state, New York allows employers to terminate employment without warning or reason, provided it's not based on discriminatory or retaliatory grounds. It's important to assess the context of your termination to determine if it might qualify as wrongful under applicable laws. Seeking legal advice from Brown Kwon & Lam can clarify your situation and help determine any possible infractions.
What Should I Do If I Suspect Wrongful Termination?
If you suspect wrongful termination, gather documentation supporting your claim, such as emails, performance reviews, and witness statements. It's vital to understand your rights and seek legal advice promptly. Contact Brown Kwon & Lam for a consultation to discuss your termination circumstances and explore possible legal pathways to address any injustices you may have experienced.
How Can a Lawyer Assist Me with Wrongful Termination?
Engaging a lawyer provides essential support and guidance through the complex process of addressing wrongful termination. Attorneys at Brown Kwon & Lam can help you evaluate the validity of your claim, gather the necessary evidence, and represent your interests both in negotiations and court proceedings if necessary. Their assistance can lead to navigating workplace disputes more effectively, ensuring fair treatment and accountability for wrongful actions.
New York City Wrongful Termination Attorneys: Brown Kwon & Lam
If you are fired, you may feel shocked and uncertain about what to do next. But if you believe your termination is actually a wrongful termination case, you need legal support. Brown Kwon & Lam is the New York City wrongful termination lawyer for employees in New York City City, providing clear guidance and decisive action on your behalf.
Contact us today. We’ll review your case and bring your former employer to task, ensuring your voice is heard and your rights are upheld.
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