Losing a job can be stressful, but you may have legal options if you believe your termination was unlawful. Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local laws. While New York is an at-will employment state—employers can terminate workers for almost any reason—there are important exceptions. If you suspect your firing was illegal, here’s a step-by-step guide to challenging a wrongful termination in New York.

Step 1: Determine If Your Termination Was Illegal

Not all unfair firings are wrongful terminations. Under New York and federal law, termination may be unlawful if it is based on:

  • Discrimination – If you were fired because of race, gender, age, disability, pregnancy, religion, or another protected category under the Civil Rights Act, ADA, New York State Human Rights Law or New York City Human Rights Law.
  • Retaliation – Employers cannot fire employees for reporting discrimination, harassment, wage violations, or illegal activities (whistleblowing).
  • Violation of Employment Contract—If your employment contract specifies termination conditions, your firing did not comply with those terms.
  • Breach of Public Policy – Firing someone for refusing to engage in illegal activities, serving jury duty, or taking protected leave under laws like the FMLA.

Step 2: Gather Evidence

To build a strong case, you’ll need evidence supporting your claim. Collect:

  • Termination notice or email – Any written confirmation of your firing.
  • Performance reviews and employment records – To show a history of good performance and lack of justification for termination.
  • Witness statements – If coworkers or supervisors can corroborate unfair treatment.
  • Correspondence with HR or supervisors – Any emails, texts, or memos discussing concerns before termination.

Step 3: Consider Negotiation or Mediation

Before escalating to litigation, you might have the option to negotiate a settlement with your former employer. Many companies prefer to resolve disputes outside of court to avoid legal costs and reputational damage. A lawyer can help you negotiate for severance pay, reinstatement, or compensation for lost wages.

Step 4: File a Lawsuit if Necessary

If filing a complaint or negotiating doesn’t lead to a fair resolution, you may need to file a lawsuit. A wrongful termination lawsuit can seek damages for lost wages, emotional distress, and legal fees. Your attorney will guide you through:

  • Filing a claim in the appropriate court
  • Presenting evidence and witness testimony
  • Seeking a favorable judgment or settlement

Step 5: Work with an Employment Lawyer

Wrongful termination cases can be complex, requiring a deep understanding of New York and federal employment laws. An experienced employment attorney can:

  • Assess the strength of your case
  • Gather additional evidence
  • Represent you in complaints, negotiations, and court proceedings

At Lipsky Lowe, we help wrongfully terminated employees navigate their legal options and fight for justice. If you believe your firing was illegal, don’t wait—contact us today for a consultation.

Talk to a Wrongful Termination Lawyer Today

Challenging a wrongful termination can be intimidating, but you don’t have to face it alone. By understanding your rights, gathering evidence, and seeking legal support, you can take steps toward holding your former employer accountable. If you suspect wrongful termination, talk to an employment lawyer today.

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