fired

I'm about to get fired ... what should I do?

We get this call all the time. You have been with your company for a while and are starting to see the writing on the wall.   You know you are about to get fired – what should you do? First, unless you have a contract, you are an employee at will. Thus, your employer can fire you at any time for any reason – good reason, bad reason, or no reason at all. Similarly, you can quit your job at any time for any reason.

However, your employer may not terminate your employment for an illegal reason. The next logical question then, is what makes the termination illegal. Termination of employment is illegal when it is based on gender, race, disability, age, religion, national origin, FMLA leave, pregnancy, sexual identity/orientation or sexual harassment. Termination of employment is also illegal when it is undertaken because you have complained about discrimination based on any of the above, or because you have complained about irregularities in payment of wages (like not paying overtime).

If you believe that any of the above situations apply to you, you should speak to an employment lawyer immediately. More likely than not, you should also complain, in writing, about the unlawful conduct. Federal and State employment laws prohibit employers from retaliating against you for complaining about actual or perceived discrimination. Thus, even if the underlying discrimination you have complained about is not illegal, you are protected from retaliation so long as your complaint was made in good faith. This is also true if you complain about discrimination against another employee – not just yourself.

If all else fails, you may have to file a complaint with the New York State Department of Human Rights or the Equal Employment Opportunity Commission, and perhaps state or federal court. If you speak to an employment attorney before your employment is terminated and before you have filed a complaint, you can be better prepared if and when the axe does fall.

If you believe that your employment is about to be terminated, feel free to contact us for a confidential consultation.

Have I Been Unlawfully Terminated?

Wrongful Termination
Wrongful Termination

We get this question frequently. Fortunately, there is a simple answer: there is no such thing as wrongful termination. However, under some circumstances, the decision to terminate an employee may be unlawful.

Below are the two most common examples of what most people refer to as “Wrongful Termination”

  1. Discrimination. When someone’s employment is terminated because they belong to a protected class (like age, race, gender, disability, etc.), the decision may be unlawful.
  2. Retaliation. Generally speaking, it is illegal for an employer to retaliate against an employee for engaging in a protected activity. Protected activity includes making an internal complaint of discrimination (it doesn’t have to be about you), or some other illegal activity going on in the workplace. Even if the complaint is incorrect, it is illegal to retaliate for making the complaint.

It’s never easy to prove discrimination or retaliation. You are never going to see a memo that says “let’s fire all the old people.”  Instead, these cases are typically won and lost on circumstantial evidence. This evidence often includes a comparison between how a protected (e.g., older) employee was treated as compared to a similarly situated employee outside of the protected class (i.e., how a younger employee was treated).

If you think you are being treated differently than employees who are outside of your protected class, you should consult with an attorney. While an employer does not have to be fair, it is illegal to make decisions which are influenced by discrimination or retaliation. A New York wrongful termination lawyer can help you understand your rights and fight back.

Contact us today for a free consultation and protect your rights.