Counter Wrongful Termination in New York
For most of us, our jobs are an important means for being able to provide for our families and loved ones and to meet our monthly obligations. Whether you love your career or are simply in it for the paycheck or to get to a better position, there is a certain security in knowing you have work you can depend on.
Getting fired from your job can throw your whole world into chaos, particularly if you suspect you were terminated due to filing a complaint or claim against your employer. At Ricotta and Marks, P.C., we understand how frustrating this can be, and the impact it can have on every area of your life. In these types of cases, our wrongful termination attorneys provide the kind of aggressive legal representation needed to defend your legal rights while holding your employers accountable for their actions.
New York As An ‘At-Will’ Employment State
Your employer needs to have a legally valid reason before they can terminate you from your job, right? Wrong. According to the New York Department of Labor (DOL), NY is an ‘at-will’ employment state, meaning that without a specific and detailed employment contract in place, your employer can terminate you at any time and for any reason, and even for no reason at all. Of course, there are exceptions to this will. The DOL advises that your employer cannot fire you for any of the following reasons:
- Based on your age, race, religion, or ethnic origin;
- Based on your gender, sexual orientation, or marital status;
- Based on political, religious, or recreational activities you engage in outside of work;
- Based on a work injury or due to your filing a claim for workers’ compensation;
- Due to a complaint you have made against your employer for a violation of the New York Labor laws.
Legal Protections for Whistleblowers and Those Filing Claims
A whistleblower is a person who has filed a complaint against an employer or who has spoken out against unfair, illegal, discriminatory, dangerous, or unethical work or business practices. The National Conference of State Legislatures advises that, in addition to state laws protecting whistleblowers against retaliation on their jobs, there are also federal laws in place to protect these employees’ rights and interests. Employers who fire or demote workers who speak out and file claims against them could find themselves in court and having to reinstate the employee, while providing back pay, benefits, court costs, and the employee’s attorney fees.
The same goes with employees who file workers’ compensation claims. The NY Workers’ Compensation Board advises that these workers are also entitled to file a discrimination suit against their employer, seeking reimbursement for their damages and costs.
Contact Us for Professional Representation
If you have been wrongfully terminated as the result of a complaint or claim made against your employer, contact Ricotta and Marks, P.C. today. Our experienced New York wrongful termination attorneys provide the kind of knowledgeable and highly effective legal help you need, at a time you need it most. Call or contact our office online today to discuss your case.