Wrongful Termination Lawyers in Queens, NY
Queens, NY Wrongful Termination Attorneys
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.
In New York City and throughout Queens, employers must also follow local, state, and federal laws that prohibit discrimination and retaliation in the workplace. When your termination happens shortly after a complaint, a request for accommodation, or a change in your supervisor’s attitude, it can be a sign that your rights under laws such as the New York State Human Rights Law or the NYC Human Rights Law were ignored. By speaking with a wrongful termination attorney Queens employees can get a clearer picture of whether the pattern of treatment they experienced points to an unlawful motive.
Call (917) 540-8565 or send us an email today to schedule your free initial consultation at our experienced Queens employment law firm.
Queens Employment Discrimination Attorneys
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Due to a termination letter I received I needed clarification, consultation, and advice on how to move forward. Ricotta & Marks has definitely been the best place to be to help me through the law jargon. Thank you for having my best interests in mind.John L.
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Nima D.
This firm cares and knows how to properly assess the merits of your case. I know because I'm an attorney. I had retainer agreement offers from 4 other firms and Ricotta was my 1st choice based on their belief in my case and fair terms.
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Kel K.
Mr Marks is an amazing lawyer. He is always kind and respectful and there for me whenever I need him. I want to thanks Mr Marks and the firm for everything. I highly recommend you guys. Thanks again for everything.
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J.T.
Tom Ricotta’s sound advice, calm demeanor, and willingness to advocate for your rights was invaluable. I highly recommend Tom’s abilities and am grateful for his assistance.
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Former client
Dear Thomas and Stephen,
I’m writing this letter to express my deep gratitude for your efforts on my case.
Two years ago, I faced distressing and unjust treatment at my former job. I felt powerless to do anything. For several months, my attempts to find a lawyer were unsuccessful and many doors were closed in my face by firms that felt my case was too inconsequential to take on. In the face of discrimination at work, this process added to my discouragement and I learned the harsh reality of the legal system: not everyone can get help. Sometimes injustices slip through the cracks.
Thankfully, I did find a silver lining. You accepted my case and over many months patiently endured this legal process alongside me, sacrificing your time and effort to achieve a favorable outcome. Your legal assistance has empowered me, a person who has been marginalized systemically many times before, to believe that justice can prevail. It has helped restore my sense of dignity and reminded me that I don’t have to be afraid to stand up for myself. It has permanently changed my life for the better.
As you continue defending other client’s rights, I hope you know the powerful and positive impact you are creating in their lives. I wish you both many blessings and continued success in your legal work.
With the deepest gratitude,
Thank you very much.
Remedies for Wrongful Termination in Queens
If you believe that you have been wrongfully terminated, you have the right to take action. If an investigation reveals that you were indeed wrongfully terminated, then certain remedies will be available to you. Types of damages that you may be entitled to as a result of your wrongful termination include reinstatement to your original position, back pay for lost wages resulting from the termination, compensation for any lost benefits suffered as a result of the termination, compensation for attorneys’ fees that you have accrued as a result of pursuing your wrongful termination case, and even damages for emotional distress and punitive damages in some cases. Our wrongful termination lawyers in Queens, NY can help you to understand what damages are available to you and how to recover the amount you deserve.
Every case is different, and the remedies available to you will depend on where and how your claim is brought, including whether it proceeds through an agency such as the New York State Division of Human Rights or as a lawsuit in a court like Queens County Supreme Court. We can discuss what it may mean in practical terms if you are reinstated, how back pay and front pay are calculated, and what evidence is useful in proving emotional harm. By talking through these details with a wrongful termination lawyer Queens residents can better evaluate settlement offers and decide whether it makes sense to keep litigating or pursue other resolutions.
How Wrongful Termination Cases Typically Proceed
Many people are unsure what will actually happen after they reach out about a potential wrongful firing, and that uncertainty can make it hard to take the first step. In most situations, we begin by listening carefully to your story, reviewing documents such as emails, write-ups, and handbooks, and helping you pinpoint the events that may have violated the law. From there, we may assist you in filing a charge with an agency like the Equal Employment Opportunity Commission or the New York State Division of Human Rights, or in preparing a lawsuit in a court that has authority over your employer in Queens or elsewhere in New York.
As your matter moves forward, there are often stages such as investigations, the exchange of documents, depositions, settlement discussions, and, in some cases, a trial in a venue like Queens County Supreme Court or federal court in Brooklyn. At each stage, we talk with you about what to expect, how long it might take, and what choices you may need to make, such as whether to accept a settlement proposal or continue toward a hearing. Working with a wrongful termination lawyer Queens workers can rely on throughout the process can make these decisions less overwhelming and help you stay focused on your long-term goals.
Call Ricotta & Marks, P.C.’s wrongful termination lawyers in Queens and Long Island today.
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We’re committed to protecting your rights and ensuring you’re treated with the respect and fairness you deserve, free from discrimination and harassment.
What Constitutes Wrongful Termination?
A claim for wrongful termination exists when an employer fires an employee and that termination constitutes a breach of an employment contract or is in violation of public law.
It is also possible to bring wrongful termination charges if you were fired after:
- Your employer breached your employment contract in order to dismiss you. If you have an employment contract that specifies under what conditions your position may be terminated, then your employer also reserves the right to fire you under those conditions. If you believe that your employer breached your employment contract in dismissing you, then you maintain the right to bring forth a wrongful termination claim against them.
- Reporting your employer or supervisor for infractions or illegal behavior (acting as a whistleblower). If you do not have an employment contract and are instead an at-will employee, then you can be fired at any time by your employer without cause. However, there are certain exceptions to this. For example, you cannot be fired by your employer for exercising any of your protected rights, such as reporting illegal or unsafe behavior in the workplace, filing a discrimination claim or serving as a witness in a workplace investigation, filing a workers’ compensation claim, reporting unsafe work conditions to the Occupational Safety and Health Administration (OSHA) or other reporting bodies, etc. When you are terminated in response to exercising a protected right, your employer is retaliating against you, which is unlawful.
- Refusing to perform an illegal act (like violating safety regulations). In addition to protection from termination in the event that you are exercising a protected right, you also cannot be fired for refusing to perform any type of unlawful action, ranging from embezzlement and fraud to workplace discrimination and more. If you are being pressured to perform an illegal action, or if you have been terminated for refusing to perform an illegal action, you should call a Queens or Long Island employment law attorney immediately.
- Lawfully taking time off (military service or Family and Medical Leave Act). For some employees, one of the rights that is protected under federal law is the right to take unpaid leave for certain reasons, including to care for a sick family member, to have or care for a new baby, for military service, and more. If you exercise your right to take time off per the Family and Medical Leave Act or any other labor law, your employer cannot lawfully terminate your employment. If they have, you may have a wrongful termination suit.
Many workers also worry that they have no claim because their employer told them they were an “at-will” employee, but even in an at-will arrangement companies must still follow anti-discrimination and anti-retaliation laws. Evidence such as emails, text messages, performance reviews, and witness statements can all help show whether the stated reason for the firing was just a pretext for an unlawful motive. By reviewing these details with an unlawful termination attorney Queens employees can start to separate what feels unfair from what actually violates New York or federal law.
Our Settlements & Verdicts
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$15 MIL Plaintiff on Bianco v. Flushing Hospital Medical Center
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$1 MIL Olsen, et al. v. The County of Nassau, et al.
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$875K Wallace v. Suffolk County Police Department
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$523K Penniston v. The New York City Department of Education
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Norton v. Town of Islip UFSD, 011 U.S. Dist
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Green v. City of New York 2010 U.S. Dist.
Call Our Queens and Long Island
Wrongful Termination Lawyers Today
Whatever your situation, if you believe that you have been unfairly terminated because of an employer’s bias against you, subject to workplace retaliation or any other reason, Ricotta and Marks, P.C.’s wrongful termination lawyers in Queens want to hear your story. Our attorneys will take the time to listen to your situation and can then see where the discrimination against you occurred. We will help you take action against your employer and vigorously defend your rights.
Along with unfair performance evaluations, employers may take disciplinary actions against employees whom they want to remove from their employment. What may have been accidents or minor infractions are written up and disciplined with bad assignments or demotion. These can accumulate and count toward a negative performance review.
We understand that your work is important to you in terms of supporting yourself and your family, your future and your self-image. We will work with your human resources department to see if we can get your position reinstated, saving your job and helping your company keep a valuable employee. Our knowledge and application of the state and federal laws may be the solution to your problem.
When you meet with us, we can explain what to expect if your claim proceeds through an agency investigation, private mediation, or a lawsuit filed in a local court in Queens. We can also talk about practical considerations such as how long these processes may take, what your role will be at each stage, and how to document ongoing harm like lost wages or difficulty finding a new job. Working closely with an unlawful termination lawyer Queens workers can get guidance that is grounded in real experience with New York employment disputes while still being tailored to their goals and comfort level.
Call our Queens wrongful termination attorneys at (917) 540-8565 or contact us to schedule your free initial appointment today.
