New York is among many states where the employer-employee relationship is “at-will,” meaning that it can be terminated at any time by any party for any reason. A lawyer can sue for wrongful termination in a few instances, however. For example, when there is an employment contract that is breached by an employer, an employee may sue for wrongful termination. Similarly, when an employer violates Title VII of the Civil Rights Act of 1964, an employer may be sued for retaliation based on the filing of a discrimination lawsuit. Employers cannot fire an employee for making legitimate workers’ compensation claims. Further, an employer cannot fire an employee for reporting wage violations or testifying at a wage violation hearing.
Entitlement To A Wrongful Termination Claim
New York has a collection of various laws that do not allow wrongful termination as the term is defined in a legal context. Except for a breach of contract claims, New York law requires that wrongful termination claims prove that the employee was fired for a reason or motive prohibited by law. For example, it is illegal to fire an employee for serving on a jury in New York. Likewise, according to the Uniformed Services Employment and Reemployment Rights Act (aka USERRA) it is also illegal for an employer to fire an employee for performing military service.
Proving A Wrongful Termination Claim
The standard of proof for a wrongful termination claim is the preponderance of the evidence standard, which is lower than “beyond a reasonable doubt.” Meaning that it would have to just be numerically speaking about 51% likely that the employer engaged in the alleged illegal acts or breach of the employment contract. The employee need not prove beyond a reasonable doubt that the employer engaged in the act. To prove a wrongful termination claim reporting harassing and discrimination the employee must show that they were engaged in a protected activity, they were punished with termination or another adverse employment action, and the termination resulted from the employee’s engagement in the protected activity. Clearly, providing a wrongful termination is complicated. This is why you must take the help of a professional employment attorney to navigate the challenges. You can click here to understand more about different aspects of wrongful termination.
Damages For Wrongful Termination
Not every wrongful termination suit results in damages, but the state of New York does provide legal remedies for lost wages, emotional trauma (pain and suffering), lawyers fees, even punitive damages. The employee should be aware, however, that they have a legal duty to reduce the amount of their damages even if they were wrongfully terminated. In other words, the courts expect you to seek new employment. If you are successful in your wrongful termination suit, you may be able to recover the money you lost while you were out of work and the difference between your former position and your new one if it’s in your favor.
Most damages awarded in wrongful termination suits are designed to reimburse you for monetary losses due to lost wages, attorneys fees, lost benefits, and other financial impacts that you’ve suffered due to your loss of employment. Punitive damages on the other hand are awarded to the plaintiff by the court to punish the defendant for an egregious action, such as wrongful termination due to a whistleblower complaint. Once you discuss the details of your case with your attorney, they can advise you as to the likelihood of receiving punitive damages on top of fair and full compensation for your employer’s tortious behavior.
However, you need a lawyer to work for you. Lawyer Michael J. Borrelli will go to work for you, don’t rest on your rights, call for a free consultation today.
