Under New York labor laws, the majority of employment relationships are “at-will,” which means that either the employee or the employer can end the relationship at any time, for any reason, provided that reason isn’t illegal. While this offers flexibility, it does not provide a carte blanche for employers to discriminate.
Terminating an employee due to discrimination based on race, gender, religion, and other protected categories remains prohibited. Additionally, terminating an employee in retaliation for lawful activities, like reporting sexual harassment, is also not allowed.
What Are the Wrongful Termination Laws in New York?
Wrongful termination laws in New York are the laws that protect employees from being fired for illegal reasons, such as discrimination, retaliation, breach of contract, or whistleblowing. These laws apply to both public and private sector employees. However, they may vary depending on the size and type of the employer, the nature and severity of the offense, and the evidence and circumstances of the case.
Some of the main wrongful termination laws in New York are:
- The New York State Human Rights Law (NYSHRL), which prohibits employers with at least four employees from discriminating against workers based on their;
- Race;
- Color;
- Creed;
- Age;
- National origin;
- Sex;
- Sexual orientation;
- Gender identity or expression;
- Disability;
- Marital status;
- Military status;
- Domestic violence victim status;
- Arrest or conviction record; or
- Genetic information;
- The New York City Human Rights Law (NYCHRL), which is similar to the NYSHRL but covers more protected categories, such as citizenship status, partnership status, caregiver status, unemployment status, and credit history. The NYCHRL also applies to employers with at least four employees but covers domestic workers regardless of the number of employees.
These are some of the wrongful termination laws in New York that can help employees who have been fired for unlawful reasons. However, there may be other federal or state laws that apply to specific situations or industries.
Therefore, it is advisable to consult with an experienced employment lawyer if you believe you have been wrongfully terminated in New York. A New York wrongful termination attorney can help you understand your rights, evaluate your case, and pursue legal action if necessary.
What Are the Whistleblowing Laws in New York?
Whistleblowing laws in New York are the laws that protect employees who report or complain about illegal or unethical activities by their employers that violate the law or pose a danger to public health or safety. These laws also protect employees who refuse to participate in such activities or who testify in a related proceeding. Whistleblowing laws in New York aim to prevent employers from retaliating against employees who act in the public interest.
There are several whistleblowing laws in New York that apply to different sectors and situations. Some of the main ones are:
- The New York False Claims Act, which allows whistleblowers to file lawsuits against those who defraud the state, including violations of income tax laws, and offers whistleblowers rewards and job protection.
- The New York City Whistleblower Protection Law, which protects private sector employees who disclose information about their employer’s violation of law or regulation that creates a substantial and specific danger to public health or safety.
What Are Public Policy Exceptions?
At its core, the doctrine of at-will employment means that either the employer or the employee can terminate the employment relationship at any time, for almost any reason. However, the concept of public policy exceptions carves out specific scenarios where termination would go against broader societal values and the public interest that a state wishes to protect.
In the context of New York and many other jurisdictions, public policy exceptions serve as guardrails that ensure that certain fundamental rights and duties of employees aren’t overshadowed by the broad powers conferred by at-will employment.
For instance, consider the civic duty of participating in the democratic process by voting. If an employer were to terminate an employee for taking time off to vote, it would contradict the larger societal value of promoting democratic participation. Similarly, the judicial system relies on citizens to participate as jurors. Firing an employee because they took time off to fulfill this civic responsibility undermines the judicial process and, by extension, the rule of law.
There are also other actions protected by public policy. Retaliating against an employee for reporting the employer’s illegal activities, commonly known as whistleblowing, is another area where public policy exceptions apply. The rationale here is to promote a transparent and ethical work environment where employees can report wrongdoings without the fear of retaliation.
Similarly, employees have the right to file for workers’ compensation claims if they’re injured on the job. An employer terminating an employee in retaliation for filing such a claim would be in violation of public policy, as it impedes the employee’s right to seek relief for work-related injuries.
What Can I Recover in a Wrongful Termination Lawsuit in New York?
If you believe you have been wrongfully terminated from your employment in New York, you need to understand the potential remedies that may be available to you. A wrongful termination lawsuit can address the injustices faced and provide several forms of compensation:
- Back Wages: These represent the money you would have earned from the date of termination until the date of judgment or settlement. This can encompass regular wages, overtime, bonuses, and any other regular compensation you might have received.
- Front Pay: Also known as future earnings, this represents the projected income you would have earned in the future had you not been terminated. The determination of front pay takes into account factors such as job tenure, career trajectory, and typical wage increases.
- Emotional Distress Damages: Wrongful termination can cause significant emotional and psychological distress. You may have suffered emotional pain, anxiety, depression, or other psychological harm as a direct result of your wrongful termination. In this case, you may be eligible to receive compensation for this distress.
- Punitive Damages: In cases where the employer’s actions were particularly malicious or egregious, punitive damages might be awarded. These are not meant to compensate the employee but rather to penalize the employer and deter similar behavior in the future.
- Benefits: You might also be able to claim compensation for lost benefits. This can include health insurance, retirement benefits, stock options, or any other perks that were part of your employment package.
- Legal Fees and Costs: In some cases, if you prevail in your lawsuit, the court might order the employer to pay for your legal fees, which include attorney’s fees, court costs, and other related expenses.
Remember that each wrongful termination case is unique, and the exact remedies available will depend on the specifics of the situation and the evidence presented. If you’re contemplating legal action, consulting with a qualified employment attorney can provide clarity on the potential damages and the best course of action.
Should I Consult an Attorney?
Definitely, if you suspect you’ve been unjustly terminated or faced workplace retaliation in New York, seeking legal guidance is the next step. A knowledgeable New York wrongful termination lawyer can dive into the nuances of your case, provide legal counsel, and fight your cause in legal proceedings.
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