Sometimes the relationship between an employee and an employer can become less than ideal. It is important to understand that as an employee, you are granted certain rights to protect yourself, and your job, in the workplace. There are both state and federal laws in place, as well as government agencies in place to make certain that an employee’s rights are maintained, and that a company is not taking advantage of its workers.
If a relationship between an employee and an employer leads to a termination, the fired worker must look at the reason for the firing and determine whether the termination was justified. If not, a worker may file a wrongful termination claim against the employer.
There are many reasons a termination may be deemed wrongful. Among them are a violation of state or federal anti-discrimination laws, a firing as a result of sexual harassment, a violation of written or even oral agreements, a violation of labor laws including but not limited to collective bargaining laws, as well as a firing as retaliation against an employee who filed a claim or complaint against an employer, often known in some circumstances as whistleblower protection.
Successfully winning a wrongful termination case may lead to recouping an employee’s lost wages and other expenses, the return of an employee’s job, possible punitive damage awards and may also lead to statutory penalties for the employer. A New York resident who may have been wrongfully terminated will need to know their rights in their own unique situation.
Source: findlaw.com, “Wrongful Termination Claims,” Accessed on Jan. 19, 2016