Employers are frequently neither fair nor careful in making decisions about termination, resulting in wrongful termination. If you live in NYC or NJ, you may have legal rights if you were terminated for unfair reasons in certain situations. Finding the best wrongful termination attorney in NYC, NY, or NJ isn't easy. You need to do some homework online and reach out to an attorney for a free consultation.
Here are some questions. For instance, do you believe you were you fired:
- After lodging a complaint with your employer about a violation of the law or unfair behavior on their part? You may have a retaliation case.
- Because of employer prejudice of a protected class? You may have a discrimination case.
Questions and Answers
Q. Can I sue for wrongful termination in New York?
A. Yes! If you believe you have been wrongfully terminated, you can sue your employer. First, you should identify whether or not you have a case against your employer. To do this, you should contact an employment attorney that specializes in wrongful termination.
Q. What are some examples of wrongful termination?
A. One example of wrongful termination is firing an employee because of their protected status, such as race, gender, sexual orientation, religion, or disability status. Another instance of wrongful termination is firing someone as a form of retaliation. Additionally, if you are terminated for taking sick leave or FMLA leave, you may have a case for wrongful termination.
Q. How do I file a wrongful termination lawsuit in New York?
A. In order to sue your employer for wrongful termination, you should contact an employment attorney in NY or NJ that specializes in wrongful termination. They will be able to help you understand your rights as an employee and assist you in filing the lawsuit.
Q. How do I know if my firing was illegal?
A. It can be difficult to determine whether a termination was illegal, but if, for example, you were fired because of your membership in a protected class, as a form of retaliation, or for taking sick leave or FMLA leave, then it is likely that your firing was illegal. To understand your rights, you should contact an employment attorney that specializes in wrongful termination to review the details of your case.
Q. Can an at-will employee be wrongfully terminated?
A. Yes. Even though at-will employees can be fired for no reason, they cannot be fired for an illegal reason. For example, it is illegal to fire an at-will employee because of their protected status, such as race, gender, sexual orientation, religion, or disability status. It is also illegal when an at-will employee is fired out of retaliation or for taking sick leave or FMLA leave.
Q. Does Human Resources (HR) need to be present during a termination?
A. While not legally required, in most cases, having a Human Resources (“HR”) representative present for a termination is the best practice on the part of your employer. Oftentimes, the HR representative will discuss your legal rights and responsibilities and answer any questions you might have. To understand any legal claims you might have in connection with a termination, you should contact an employment attorney.
Q. Can an employer reverse a termination?
A. If your employer decides to reverse the decision to terminate you, and if you decide you would like to return to the job, the termination can be reversed. You may also have a right to appeal your termination in certain circumstances. If you live or work in New York or New Jersey, be sure to reach out to our legal team for a free case evaluation.
Q. How should I explain a past wrongful termination in an interview question with a prospective employer?
A. It is your decision whether you would like to bring up a wrongful termination during an interview. However, if you are directly asked about your termination from a previous job, it is usually best to be honest and direct. If you have filed a wrongful termination lawsuit against a previous employer, you can explain this during your interview.
Q. Can an employer lie about the reasons for my termination?
A. Yes, your employer can lie about the reason for your termination. While it is not illegal for them to lie, it is illegal for them to fire you for unlawful reasons. Unlawful reasons for termination include, for example, membership in a protected class, retaliation, or taking sick leave or FMLA leave. If your employer is lying about your termination, it may be because you have been wrongfully terminated.
Your Rights Following Wrongful Termination
Upon termination, you may be owed certain benefits or wages according to your employment handbook or employment contract.
Additionally, do not give up your rights by signing any severance agreement without talking to a lawyer first. In fact, you may be protected from wrongful termination or termination without fair cause based on specified reasons in your employment contract.
Free Consultation with a Wrongful Termination Lawyer
Our law firm guarantees you a private, no-cost evaluation. You have nothing to lose by booking a free consultation with a wrongful termination lawyer. Our attorneys will provide advice and a course of action that will lead to the best solution for your specific workplace problem.
REQUEST A FREE CONSULTATION