Wrongful Termination in Syracuse, NY
What Is Wrongful Termination?
Any employer has discretion over the hiring and firing of employees. Still, there are certain circumstances where a worker can file for wrongful termination. Termination becomes wrongful when it violates New York law, federal law, or an employment agreement. A dedicated wrongful termination lawyer understands your rights as an employee and will fight to protect them.
The Attorney General of New York states that, while employees in Syracuse are under “at-will” employment, no employer can fire an employee for discriminatory reasons. Race, sex, age, national origin, and religion cannot be grounds for dismissal. In addition, you cannot be let go from your job for military status, filing for workers compensation, joining a union, or participating in political or recreational activities that are lawful.
Types Of Wrongful Termination
In Syracuse, there are many different instances where wrongful termination can take place. In some cases, an employer is ignorant of labor laws and may not even realize they have erred. This is why big corporations rely on human resources experts. You should always turn to an attorney if you suspect wrongful termination. In the following paragraphs are some of the red flags that you should watch out for.
Limitations of At-Will Employment
Because one of the most common forms of employment is at-will, there are limitations to this. At-will employment doesn’t allow an employer to fire a person for any discriminatory reason. State, federal, or local Syracuse laws prohibit these reasons.
The New York Department of Labor confirms that all Syracuse residents are under “at-will” employment. Employers in Syracuse can fire their employees for any reason, so long as that reason does not violate federal law, or break an existing contract or collective bargaining agreement.
An employer also can’t fire an employee as a form of retaliation for reporting any illegal activities within the company. Were you subject to firing for any of these reasons? If so, you may be able to file a wrongful termination lawsuit against your employer.
Discrimination is one of the most common forms of wrongful termination. When an employee is fired because of their race, religion, sex, national origin, ethnicity, pregnancy, age, or disability, it violates established laws meant to protect specific personal characteristics. There are also some states that prohibit employers from discriminating based on the gender identity or the sexual orientation of their employees.
If you believe that you have been penalized or fired in Syracuse for one of these discriminatory reasons listed above, you may be able to file a claim with the United States Equal Employment Opportunity Commission. An experienced Syracuse, NY attorney can walk you through the process to help ensure the best possible outcome.
Your employer can’t fire you for certain protected activities. For example, your employer can’t fire you for taking medical leave, or for participating in an investigation of job violations and wage violations. Additionally, filing a complaint with the EEOC, or informing your employer about discrimination or harassment, are not fireable offenses.
The Whistleblower Protection Laws of New York provide protection to any Syracuse employee who files a complaint for illegal or unsafe activities in good faith. No employer can retaliate against, harass, threaten, or fire an employee who is exercising their rights and is filing their complaints through the proper channels.
There are some states that also prevent employee termination for taking time off to vote, perform jury duties, or serve in the military. You also have some protection if your employer has fired you for reporting a violation of safety laws or environmental regulations.
What To Do If You’ve Been Wrongfully Terminated In Syracuse, New York
Have you been wrongfully terminated? You may be entitled to compensatory damages, reinstatement, back pay, and other forms of relief. However, the exact definition of wrongful termination will depend on where you live. To find out, contact a dedicated and qualified wrongful termination lawyer. Discuss your circumstances and the laws that your employer has to follow in your area.
Remember that there are usually time constraints on how long you can wait to file your claim, so don’t delay. This could cause evidence to slip through your fingers or you may miss the deadline altogether. You want a favorable outcome and so will your lawyer, so try to approach your case as proactively as possible, even before you are certain you have one.
The Federal EEOC gives claimants 180 days to file their claim before the statute of limitations expires. However, New York Civil Rights Law gives you up to 1 year to file a discrimination claim. In addition, if your claim revolves around sexual discrimination, this timeline can be up to 3 years.
Step One: Gather Evidence
It’s important to start gathering all the evidence you can, no matter how small. Ideally, you had reason to suspect that your employer might terminate you wrongfully and started the process some time before. If you need to return to the office to clear out your desk or still have access to the work email, use the opportunity wisely. However, be mindful of any employment agreements or confidentiality issues.
Step Two: Find an Attorney
Hiring an experienced Syracuse, NY wrongful termination lawyer will help you take the first steps so that you make a strong case to get the outcome you seek. Syracuse employment laws are intricate and are constantly changing. Therefore, you should always work with an attorney who focuses on this specific area.
Step Three: File a Complaint
If you have not yet had your case reviewed by an attorney, the EEOC built a self-evaluation tool to help you decide if filing a claim with them is an appropriate way to handle your case. An attorney simplifies this part of the process by helping you to write the complaint. You serve your employer notice. Then, the resolution process starts there. Note that not all cases make it to a courtroom as some employers prefer to settle.
You can file the local EEOC near Syracuse, or with the New York Division of Human Rights. An experienced attorney in Syracuse can not only help you file, but guide you as to which agency can best help support your claim.
Why You Should Hire A Wrongful Termination Lawyer in Syracuse, New York
Filing a wrongful termination lawsuit in Syracuse, New York can be overwhelming, especially if you’ve been treated unfairly by your employer. Speaking to an experienced lawyer can help you to understand what legal rights you have as a victim and if your case is applicable for wrongful termination. For some people, the opportunity to have someone listen also helps to ease the burden they’ve been carrying.
We understand that finding the right attorney can be hard. This is why we created our service to connect clients in need with experienced attorneys. To match with the right lawyer, you simply provide your location, category, and some other additional information. We then send you your options as soon as they are available.
Our company charges no fees to connect you with the legal services you need. Some Syracuse attorneys or practice areas may require legal fees upfront, but there are many that do not. Some professionals may not charge a single penny at all until they win your case.
Are you ready to find a qualified Syracuse attorney who can help you fight for your job or get justice for the wrongful termination you suffered?
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!