New York Wrongful Termination Lawyers Representing Employees on Long Island
At the same time, employees who are working under the terms of employment contracts or agreements can face wrongful termination when an employer violates one or more of the terms of the employment contract and there is a breach of contract issue. Whether you are an at-will employee on Long Island or a contract employee, if you have questions or concerns about whether you have been wrongfully terminated, you should seek advice from one of our experienced Long Island wrongful termination attorneys. The dedicated lawyers at Ricotta & Marks, P.C. are here to help.
Wrongful termination in the Long Island workplace can take many forms. In many instances, employees who work at-will face wrongful terminations as a result of unlawful discrimination or retaliation.
Employment-At-Will on Long Island and Wrongful Termination
New York is what is known as an employment-at-will state. According to the New York Department of Labor, what this means is that an employer has the right to terminate an employee for (almost) any reason at any time, aside from termination as a result of unlawful termination or workplace discrimination. Likewise, in an employment-at-will state, any Long Island employee who is not under an employment contract has the right to leave their job at any time and for any reason without being required to give a timetable or an explanation under New York law.
It is critical to understand that, just because you work in an employment-at-will state, your employer is not allowed to terminate you for unlawful reasons. Some reasons that are clearly unlawful include termination as a result discrimination on any of the following grounds:
- National origin;
- Sexual orientation; and
- Marital status.
Employers are also prohibited from terminating employees or workers because they engage in lawful union activities or relation actions, or as a form of retaliation for a worker or employee exercising his or her rights under federal or state law.
Breach of Employment Contract Terminations
If you have been terminated from your position and you have an employment contract, you cannot be terminated for any reason at any time as an at-will employee can be. At the same time, your employer cannot terminate you for any of the discriminatory or otherwise unlawful reasons cited above.
Beyond discrimination and termination for participation in lawful activities or as a form of retaliation, your termination may have been wrongful or unlawful simply because it was a breach of contract. You should have experienced Long Island wrongful termination attorneys review your employment contract and the circumstances surrounding your termination to determine whether you may have a valid breach of contract case.
Wrongful Termination as Retaliation
Employees can face wrongful termination as a result of retaliation. While retaliation often involves adverse actions taken against an employee as a result of that employee’s decision to file a discrimination claim or to participate in a workplace discrimination investigation, it is critical to understand that there are a variety of other laws that protect workers against retaliation.
For example, the federal Whistleblower Protection Act (WPA) protects workers against retaliatory terminations as a result of an employee’s decision to report an employer’s unlawful actions or behavior that poses a public health hazard or public safety concern. Employees are also protected against retaliation under the federal OSH Act if they report a workplace health or safety concern to the Occupational Safety and Health Administration (OSHA). You should discuss specific laws that protect employees against retaliation with your Long Island wrongful termination lawyer.
Remedies for Wrongful Termination
There are a variety of remedies you may be eligible to seek in a wrongful termination claim, and you should discuss the specifics with your Long Island wrongful termination attorney. In general, the following are common and frequent remedies for wrongful termination in New York:
- Back pay;
- Re-hiring to another similar position if your original position is no longer available;
- Damages; and
- Penalties imposed upon the employer.
Depending upon the specific facts of your case, you could be eligible to receive attorney’s fees and other costs associated with your lawsuit.
Contact Ricotta and Marks’ Long Island Wrongful Termination Attorneys Today
If you were terminated from your job and you believe the termination violated state or federal law, you may be considering filing a wrongful termination claim. Whether you believe you were terminated from your position as a result of unlawful discrimination or your termination was the result of unlawful retaliation, one of our experienced Long Island wrongful termination attorneys can assist you with your claim. In addition to assisting at-will employees with wrongful termination claims resulting from unlawful discrimination or retaliation, we also assist employees who have been terminated in violation of their employment contracts.
To learn more about how we can assist you, contact Ricotta & Marks, P.C. today or call our firm at 347-464-8694 to learn more about the services we provide to employees in New York.