New York Wrongful Termination Lawyers
If you need a New York wrongful termination lawyer, please call us at 212.571.2000 or Contact Us online. We have been handling these cases since 1999. We offer a free consultation and handle most of these cases on a contingent fee basis.
What is Wrongful Termination?
Wrongful termination occurs whenever an employee is fired ilegally. Call our New York wrongful termination lawyers for a free consultation to determine if your rights have been violated.
Why Bring a Wrongful Termination Case?
Damages for wrongful termination vary and depend on the precise claim asserted. However, many wrongfully terminated employees are entitled to substantial damages, such as:
- All lost earnings and benefits
- Compensatory damages for emotional distress
- Punitive damages, which are designed to punish the company for unlawful conduct
- All costs and legal fees incurred
- Interest on the unpaid earnings and benefits
Certain statutes provide other benefits, including “liquidated damages,??? or other specific amounts intended to compensate the employee. In some cases, a terminated employee can even demand that they be reinstated to their position. Our New York wrongful termination lawyers have recovered sizable payments for clients.
EXAMPLES OF WRONGFUL TERMINATION
One of the most common wrongful termination claims is for employment discrimination. There are a number of laws protecting workers from discriminatory treatment in their employment. Our New York wrongful termination lawyers use these laws to protect our clients.
Discrimination cases are typically based on race, color, religion, national origin, age (40 and over), sex, pregnancy, citizenship, disability, veteran status, or due to any genetic information that might suggest you are more prone to certain disabilities or diseases. New York State and City laws also cover sexual orientation, status as a victim of domestic violence, or marital status, sexual identity (including transgender orientation), arrest or conviction record, status as a victim of domestic violence, (including stalking and sex offenses), and unemployment status. If you suspect that you were victim of discrimination, call our wrongful termination lawyers for a free consultation.
In addition to protecting against discriminatory acts, federal, state, and local laws also prohibit an employer from retaliating against employees who complain of acts of discrimination, harassment, overtime pay violations or other workplace laws. Protection against retaliation extends further than many realize. It may seem common sense that an employer cannot fire an employee for filing a lawsuit. But many are not aware that the legal protection of employees extends much further. In fact, any good faith complaint of unlawful employment practices, such as harassment, discrimination, failure to provide accommodations for a disability, or failure to provide overtime, is considered protected. This includes internal complaints made directly to an employer or the company’s HR department. Complaining to an external state or federal agency, such as the Department of Labor or the EEOC, is also conduct that is protected from retaliation. Please call our wrongful termination lawyers to discuss your potential retaliation claim.
The other category of retaliation claims involves medical leave. Under the federal Family and Medical Leave Act, employees are entitled to up to twelve weeks of unpaid leave per year for illness, the birth of a child, or to care for an immediate family member. Following a qualified FMLA leave, employers are required to return employees to the same or a substantially similar position. Employees who are terminated in connection with FMLA leave may therefore have a cause of action. If you lost your job after requesting FMLA leave, please contact our wrongful termination lawyers for a free consultation.
Breach of Contract
The final major restriction on an employer’s ability to terminate an employee is the existence of an employment agreement. While most positions do not require employees to sign a contract at the outset of their employment, those employees who do have an agreement may be entitled to greater protections than those afforded by law. Such protections might include a restriction on the employer’s ability to terminate an employee without cause, a requirement that an employee be given notice or a severance payment in the event of termination. Contract claims are heavily dependent on the precise contractual language. If you believe your employer has breached an employment agreement, it is therefore essential that you contact our wrongful termination lawyers to review your options
When Should You Contact Our New York Wrongful Termination Lawyers?
A terminated employee can bring a case as soon as the termination occurs. It is good to bring the case as soon as possible to prevent the loss of key evidence. In some cases an employee must first file a “charge” with the Equal Employment Opportunity Commission (EEOC). However, it is best to contact our wrongful termination lawyers before filing with the EEOC.
How Can You Bring a Wrongful Termination Case?
To bring a case, you should contact the wrongful termination lawyers at The Ottinger Firm, P.C. Here is a guide to help you select a good employment attorney. Many employees who have been terminated do not have the financial resources to hire a good law firm. But this should not be a problem. We take most of these cases on a contingent fee basis. This means that you don’t pay any legal fees until we win the case. At that point, the fee is paid out the recovery.