Most employees in the U.S. may be fired at any time for any reason or for no reason at all under what is known as the at-will employment doctrine. The doctrine, however, has evolved over the years, providing workers with additional job security and protection. Employees are protected if they have a contract that outlines specific allowable reasons for termination or if he or she is fired for discriminatory reasons. The New York State Division of Human Rights also protects employees from discrimination, as well as retaliation.
Retaliation in the workplace occurs when an employee is subjected to some form of unlawful adverse action in response to a complaint of discrimination or harassment. The complaint can be internal or external. Retaliatory conduct may include termination, harassment, demotion or other forms of conduct.
If you believe that you are the victim of unlawful retaliation or that your rights have been violated, it is important to involve a knowledgeable New York City wrongful termination attorney as soon as possible. The lawyers at Xue & Associates, P.C., can help you take the necessary steps to ensure that your rights are protected.
Retaliation Attorney
Employees can be retaliated against for a wide variety of reasons, including:
- Filing a wage and hour action or complaint
- Reporting or refusing to partake in illegal activity
- Reporting harassment or discrimination in the workplace
- Refusing romantic advances from a supervisor
- Taking a leave of absence under the Family and Medical Leave Act (FMLA)
- Filing a workers' compensation claim
If an employer violates federal or New York employment laws when firing an employee, it may be guilty of wrongful termination. Employees who have been wrongfully terminated are entitled to all of their compensation and benefits. In certain circumstances, they may be entitled to punitive damages when the employer's behavior is egregious enough to meet certain criteria under the law.
If you think you have been wrongfully terminated, or if you are being threatened with termination in violation of the law, contact our office to schedule a free consultation in which we can review the facts of your case and recommend the best steps to take next. If you are still employed but being unfairly pushed out, we may be able to negotiate a more favorable severance agreement for you.
Call 212-219-2275 or use the contact form on this website to schedule an appointment. We assist workers from all five New York City boroughs as well as New Jersey.
The material contained in this website is for informational purposes only and is not to be considered legal advice. A lawyer-client relationship is not created by visiting this website. Prior results do not guarantee a similar outcome.
