Wrongful Termination

Fighting Against Illegal Firing in New York City and Beyond

Losing your job unexpectedly can be devastating—emotionally, financially, and professionally. When that termination violates the law, you have the right to seek justice. At Dolce Law PLLC, we represent employees throughout New York City and surrounding areas who have been wrongfully terminated, helping them recover compensation and restore their professional trajectories.

Understanding Wrongful Termination in New York

New York is an “at-will” employment state, meaning employers can generally terminate employees for any reason or no reason at all. However, important exceptions protect employees from illegal termination:

Illegal Reasons for Termination

You may have a wrongful termination claim if you were fired because of:

• Discrimination: Termination based on race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy, disability, age (40+), military status, familial status, caregiver status, or other protected characteristics
• Retaliation: Firing after you reported discrimination, harassment, safety violations, wage issues, or other illegal conduct
• Protected Activity: Termination for taking FMLA leave, requesting accommodations, filing workers’ compensation claims, or exercising other legal rights
• Whistleblowing: Firing employees who report illegal activities, healthcare fraud, financial misconduct, or government contract fraud
• Constructive Discharge: Creating working conditions so intolerable that a reasonable person would feel forced to resign

Breach of Contract Exceptions

Employees with written or implied contracts may have additional protections:

• Written employment agreements with termination provisions
• Collective bargaining agreements with disciplinary procedures
• Employee handbook provisions that create binding promises
• Implied contracts through consistent employer practices or representations
• Good faith and fair dealing obligations in employment relationships

Warning Signs of Wrongful Termination

Watch for these red flags that may indicate your termination was illegal:

• Suspicious timing: Termination shortly after engaging in protected activity
• Shifting explanations: Employer provides inconsistent reasons for termination
• Disparate treatment: Other employees in similar situations were treated differently
• Deviation from policy: Company fails to follow its own progressive discipline policy
• Pretextual reasoning: Employer cites minor or fabricated performance issues
• Discriminatory comments: Statements suggesting bias against protected characteristics
• Pattern of behavior: Similar terminations of others in your protected class
• Sudden negative reviews: Previously positive performance evaluations become negative
• Documented contradiction: Evidence contradicting the employer’s termination reason
• Replaced by someone outside your protected class: After claiming job elimination

Types of Wrongful Termination Cases We Handle

Discrimination-Based Termination

We represent employees terminated due to:

• Age discrimination: Firing older workers to hire younger, less expensive employees
• Race or national origin discrimination: Terminating employees based on race, ethnicity, or country of origin
• Gender discrimination: Firing based on gender, including pregnancy discrimination
• Disability discrimination: Termination instead of providing reasonable accommodations
• Religious discrimination: Firing for religious practices or accommodation requests
• Sexual orientation or gender identity discrimination: Termination based on LGBTQ+ status
• Caregiver discrimination: Firing employees with family caregiving responsibilities

Retaliation-Based Termination

We handle termination cases involving retaliation for:

• Reporting discrimination or harassment: Internal complaints or agency filings
• Whistleblowing: Reporting illegal activities or safety violations
• Wage complaints: Raising concerns about unpaid wages or overtime
• Workers’ compensation: Filing claims for work-related injuries
• FMLA usage: Taking legally protected family or medical leave
• Safety complaints: Reporting unsafe working conditions
• Refusing illegal activities: Declining to participate in unlawful conduct

Contract-Based Termination

We represent employees with contract violations involving:

• Breach of written employment agreements
• Violations of implied contracts
• Terminations contrary to employee handbook provisions
• Failure to follow agreed-upon termination procedures
• Good faith and fair dealing violations

Why Choose Dolce Law PLLC For Your Wrongful Termination Case?

Wrongful termination cases require both legal expertise and strategic career thinking. At Dolce Law PLLC, we offer:

• Human rights perspective: We view job security as fundamental to dignity and economic rights
• Comprehensive case evaluation: We thoroughly assess the legal strengths and weaknesses of your claim
• Strategic approach: We develop tailored strategies based on your specific goals and circumstances
• Personalized attention: We intentionally limit our caseload to provide focused advocacy
• Proven results: We have secured significant settlements for wrongfully terminated employees
• Contingency fee options: Many wrongful termination cases can be handled on a contingency basis

The Wrongful Termination Legal Process

Wrongful termination cases typically involve several stages:

1. Initial consultation: We evaluate your situation and discuss potential legal options
2. Administrative filings: Many discrimination and retaliation cases require filing with the EEOC or New York State Division of Human Rights before proceeding to court
3. Investigation: We gather evidence, interview witnesses, and build your case
4. Settlement negotiations: Many cases resolve through negotiated settlements
5. Litigation: If necessary, we’re prepared to take your case to court

Potential Remedies in Wrongful Termination Cases

Depending on the circumstances, you may be entitled to:

• Back pay: Lost wages and benefits from termination until resolution
• Front pay: Future wages if reinstatement isn’t feasible
• Emotional distress damages: Compensation for psychological harm
• Punitive damages: Additional compensation to punish particularly egregious employer conduct
• Reinstatement: Return to your position (if appropriate)
• Attorneys’ fees and costs: Recoverable in many successful cases

Protecting Your Rights After Termination

If you believe you’ve been wrongfully terminated, these steps can help protect your rights:

• Request the reason for termination in writing if not provided
• Preserve all communication related to your employment and termination
• Request your personnel file if permitted in your jurisdiction
• Document the circumstances surrounding your termination
• Identify potential witnesses who may have relevant information
• Review your employment agreement and employee handbook
• File for unemployment benefits even if you were fired
• Consult with an attorney before signing any severance agreement

New York Wrongful Termination Protections

New York employees benefit from multiple layers of legal protection:

• Federal laws: Title VII, ADA, ADEA, FMLA, and other protections
• New York State Human Rights Law: Broader anti-discrimination provisions than federal law
• New York City Human Rights Law: Among the strongest employee protections nationwide
• New York Labor Law: Various protections for employee activities
• New York Whistleblower Laws: Protections for reporting illegal activities

Frequently Asked Questions About Wrongful Termination

Can I be fired for no reason in New York?

Generally yes, due to at-will employment. However, you cannot be fired for discriminatory reasons, in retaliation for protected activities, or in violation of an employment contract.

How long do I have to file a wrongful termination claim?

Deadlines vary based on the type of claim. Discrimination claims typically require filing with an administrative agency within 180-300 days. Other claims may have different limitations periods ranging from one to six years.

Do I have a case if I was forced to resign?

Possibly. If working conditions were made so intolerable that a reasonable person would feel compelled to resign, you may have a “constructive discharge” claim equivalent to wrongful termination.

Should I sign a severance agreement if I believe I was wrongfully terminated?

Not without legal review. Severance agreements typically require you to waive your right to sue. An attorney can help determine if the offered compensation is appropriate given the strength of your potential claims.

What if I was told my position was eliminated but then someone else was hired?

This could be evidence of pretext—a false reason given to cover an illegal motive. This scenario often strengthens wrongful termination claims, particularly in discrimination cases.