Losing a job can be challenging, but not all terminations are fair or legal. In New York State, employment is generally “at-will,” meaning an employer can dismiss an employee for almost any reason, as long as it’s lawful.
However, wrongful termination happens when an employee is fired for illegal reasons. It is important to know some of the signs that may indicate wrongful termination.
Termination after reporting illegal activities
If an employee is fired after reporting illegal activities, such as harassment or fraud, this may be wrongful termination. New York law protects employees who report unlawful practices or who are “whistleblowers.” If the firing seems connected to the report, it could be illegal retaliation.
Firing due to discrimination
Terminations based on discrimination regarding race, gender, religion, age, or disability are unlawful. New York’s Human Rights Law protects employees from workplace discrimination. If the termination seems rooted in these factors, it might be grounds for a wrongful termination claim.
Breaches of employment contract
If an employee had a contract outlining terms of employment, termination outside those terms could indicate wrongful termination. Written contracts, or even implied agreements, can limit an employer’s right to dismiss an employee. If an employer violates those terms, the termination may be unlawful.
Inconsistent reasons for termination
Employers who change their reasons for firing an employee may lack credibility. If the reason for termination shifts, it may be a sign of wrongful termination. Documenting these inconsistencies can support a claim.
Fired after requesting legally protected rights
Employees who request accommodations for disabilities, medical leave under the Family Medical Leave Act (FMLA), or other legally protected benefits cannot be lawfully terminated for doing so. Termination following these requests can indicate wrongful firing and potential discrimination.
Recognizing these signs may help employees understand their rights and seek recourse if their termination was unlawful.
