The job market in New York can be difficult and when someone loses a job, they walk right into that tough situation without knowing what the future will hold. There are many reasons why a person might lose a job and just chalk it up to bad luck and the reality of a business failing or downsizing. There are other times, however, that people will find themselves out of a job for reasons that have nothing to do with performance or the business itself. They are subjected to wrongful termination. While it can be a worrisome time and there is inherent fear with losing a job, those who have their employee rights violated by being wrongfully terminated have rights.
In general, employees in many jobs will be “at-will” workers. They will not have a contract, can leave at any time, or they can be fired provide the dismissal is legally justified. If a worker is dismissed and the dismissal violates the law, then it could be the basis for a lawsuit. There are many reasons why a person could be fired illegally. Perhaps there was a case of abuse or harassment and a complaint was filed. The worker might have done or not done something they were well within their legal rights to do or not do and they were fired because of it. In any case where it is believed that wrongful termination has taken place, a legal filing is always an alternative.
People have been dismissed from their job due to discrimination based on race, gender, age, sexual orientation and more. Filing a workers’ compensation claim after being injured or becoming ill on the job is within a worker’s rights, but some employers might fire the worker rather than pay. Being a whistleblower about illegal activities in the workplace is protected, but that will not stop some employers from firing the worker. Or the worker might have exercised his or her rights under the Family and Medical Leave Act (FMLA).
Regardless of the reason that was given – if there was one – people who think they were mistreated and dismissed wrongfully should know there are laws that will protect them. Perhaps they can get their job back and receive compensation for what happened. To understand whether the case falls into the category of wrongful termination, calling a law firm that specializes in employment law for employees can yield advice and information on how best to proceed.
