Losing your job can be emotionally, professionally, and financially devastating. If you’ve been fired under unfair circumstances, you might wonder, “Can you sue for wrongful termination in NY?” The answer depends on whether your termination involved discrimination, sexual harassment, retaliation, or violations of public policy or an employment contract.
New York is an “at-will” employment state, meaning employers can fire employees at any time and for almost any reason, or no reason. However, even at-will employees may have a case for wrongful termination when their employer violates specific legal protections. Knowing the circumstances under which you can sue is essential to safeguard your rights.
At Rissmiller PLLC, we advocate for employees who have faced unlawful terminations, particularly in harassment, discrimination, and retaliation cases. Read on to learn when you can sue for wrongful termination, the steps to take if you’ve been wrongfully terminated, and the time limits for legal action. Then contact us so we can fight to hold your employer accountable.
Can You Sue for Wrongful Termination?
Employees often assume that unfair terminations are always unlawful or that being an at-will employee eliminates their right to sue altogether. Both assumptions are incorrect. While employers can terminate at-will employees without cause, the reason for the termination must still comply with the law.
So, can you sue for wrongful termination? The short answer is “yes,” but only if your dismissal violates state or federal law, an employment agreement, or public policy. You need a legal basis to hold your employer accountable and pursue compensation. Identifying the specific violation is the crucial first step in building your case.
When Can You Sue for Wrongful Termination in NY?
Understanding when you can sue for wrongful termination is key to protecting your rights. While it’s true that an employer can fire an at-will employee for no reason, it can’t fire an at-will employee for any reason. Certain reasons are prohibited by law. In New York, you may have a case if your termination falls under one of the following categories:
Discrimination
It is illegal for employers to fire employees because of protected characteristics such as race, gender, age, religion, disability, or sexual orientation. For instance, the New York City Human Rights Law (NYCHRL) protects LGBT employees from discriminatory terminations. Similarly, firing an employee who requests reasonable accommodations may violate the Americans with Disabilities Act (ADA).
Sexual Harassment
Firing an employee for reporting harassment or refusing sexual advances is illegal. This often occurs when a supervisor dismisses a subordinate for refusing unwelcome propositions, violating both state and federal law.
Employees who make a complaint on behalf of a coworker who has been harassed or encourage a coworker to report harassment are likewise protected.
Retaliation
Employers are prohibited from firing employees for filing complaints, taking medical leave, or exercising other legal rights. For example, terminating an employee after they file a complaint about unpaid wages or take leave under the Family and Medical Leave Act (FMLA) may qualify as retaliation. Both state and federal laws safeguard workers against these types of retaliation.
Public Policy Violations
When a termination contradicts public interests, it may constitute wrongful termination. For example, firing an employee for refusing to engage in illegal or unethical conduct may violate public policy and subject the employer to liability.
How to Sue for Wrongful Termination
If you suspect your firing was unlawful, the following steps outline how to sue for wrongful termination in New York.
Review Employment Documentation
Check your employment agreement, offer letter, and company policies for termination clauses. Employers who violate written agreements or policies may be liable for wrongful termination.
Gather Evidence
Document incidents leading up to your termination. Emails, performance reviews, witness statements, and HR complaints can be critical evidence. The more comprehensive your documentation, the stronger your case.
File a Complaint
Depending on the type of claim and how you want to pursue it, it may be beneficial to file with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights (NYSDHR). Once the EEOC completes its investigation, you will typically receive a “right to sue” letter, allowing you to proceed in court.
Consult an Attorney
Navigating the legal system alone is challenging. A skilled employment attorney at Rissmiller PLLC can assess your case, determine its strength, and develop a comprehensive strategy to maximize compensation.
How Long Do You Have to Sue for Wrongful Termination?
Time limits, or statutes of limitations, vary based on the nature of your claim. Asking how long do you have to sue for wrongful termination is critical because missing deadlines could prevent you from pursuing your case. Here are some important deadlines:
- Discrimination claims—under federal law, you must file with the EEOC within 300 days of your termination, and in New York, you have 90 days to file a lawsuit after receiving a “right to sue” letter from the EEOC;
- Retaliation claims—state laws often impose a one-year limit for claims involving retaliation; and
- Breach of contract claims—you must file lawsuits for violating an employment agreement within six years in New York.
Understanding these timelines is important so that you don’t miss the opportunity to file your claim. Consulting an experienced attorney at Rissmiller PLLC can ensure that you meet all applicable deadlines and protect your claim.
Why Choose Rissmiller PLLC?
Navigating a wrongful termination case can feel overwhelming, but you don’t have to face it alone. At Rissmiller PLLC, we focus exclusively on defending employees’ rights. Here’s why clients trust us:
- Experience in employment law—we focus exclusively on employment litigation, giving us unparalleled insight into New York labor laws;
- Acclaimed representation—our attorneys have graduated from top law schools and have garnered accolades such as Super Lawyers Rising Star;
- Client-centered approach—we offer free consultations and prioritize transparent communication throughout the legal process;
- Personalized strategies—every case is unique, and we tailor our legal solutions to meet your specific needs; and
- Aggressive advocacy—from filing complaints to negotiating settlements or pursuing litigation, we fight vigorously for our clients.
Whether your termination involved harassment, discrimination, retaliation, or a breach of public policy, you deserve justice. Don’t wait. At Rissmiller PLLC, we stand ready to fight for your rights and ensure your voice is heard. Contact us today and take the first step toward rebuilding your future.