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Long Island Wrongful Termination Lawyers

Wrongful Termination Lawyers

New York Wrongful Termination Lawyers Representing Employees on Long Island

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.

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.

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:

  • Race;
  • Religion;
  • National origin;
  • Age;
  • Disability;
  • Gender;
  • 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 an experienced Long Island wrongful termination attorney review your employment contract and the circumstances surrounding your termination to determine whether you may have a valid breach of contract case.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Wrongful Termination as Retaliation in Long Island Workplaces

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 Long Island 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:

  • Reinstatement;
  • 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.

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Contact a Long Island Wrongful Termination Attorney 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. online today or call our firm at 347-464-8694 to learn more about the services we provide to employees in New York.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347.464.8694