We often get calls from individuals in Westchester county who have been terminated and they feel that the termination has been wrongful and they use that phrase often wrongful termination and I believe I have been terminated for wrong reasons or whatever reasons they use, the concept is that they disagree with whatever reasons they were terminated. The concept of wrongful termination is an entity of itself an actionable claim however there are certain statutes that can come into play that will make a termination or turn a termination into unlawful termination. If the termination is unlawful meaning that it violated the provisions of the law there are steps that you can take to provide the remedy or seek a remedy for the wrong that has been done to you and that remedy can include loss pay, loss benefits, damages for pain and suffering, emotional pain and suffering, metal anguish, stress, anxiety, damage to your reputation, it’s pretty global what you can collect in terms of damages in the event of unlawful termination. What we need to do when you contact us is determine whether the circumstances of your termination, warrant the filing of a claim or the filing of a lawsuit and that claim could be in an agency or a court or both and we need to determine what damages you have suffered going forward so that we can be able to give you a very good perspective as to what it is you are expected to recover if you are successful in that case. If you come to us and we find that your termination was not in violation of law but yet you disagree with it. Often times things can be done even after the fact to contact the employer and try to help you going forward maybe in the form of obtaining a reference letter maybe, maybe in the form of agreeing with the employer that they are not going to disparage you, maybe in the form of some discussion about a future prospective employer or even unemployment benefits. It may be in the form of continuing health insurance or health care benefits and those are all things that we would look at when you come to see us with your specific circumstances. Every case is fact specific, we can’t give a general rule of advice or a general guideline because every case turns on the specific facts of the situation and that’s what we do, we analyze every case specifically, we look at the particulars of every case and most importantly we want to hear from you as to what it is that you are specifically seeking at this point. Everybody comes to the door with different needs, different wants and different desires. Some people are interested in litigating and some people are not and that’s what we need to listen to and hear what you have to say and then give you our best opinion going forward as to how you can hopefully attain your goal.
This informational blog post was provided by Kim Berg, an experienced White Plains, New York Employment Attorney.