Almost no one is happy when they lose a job. When you are terminated from a job, even a job you disliked, you likely feel upset and angry.
Many times, people do not agree with the reason for their termination. However, as an at-will state, New York employers and employees can end their employment relationship without needing to provide a reason. Sometimes the decision may be unjustifiable but it might not necessarily be illegal.
There are some exceptions to this. There are times when an employee’s termination is illegal. This is called wrongful termination.
You may have been fired from a job and wonder if you were wrongfully terminated. There are many factors that are involved in determining whether someone is a victim of wrongful termination.
In the immediate aftermath of your termination, you might feel confused, overwhelmed and not know where to turn. Here are some signs that could indicate you were wrongfully terminated.
Retaliation or discrimination
If you recently engaged in an activity that went against your employer’s best interests, such as filing a harassment claim or reporting illegal activity of your employer and were terminated after, this could be retaliation.
There activities are examples of protected activities. An employer cannot legally terminate you for participating in a protected activity. Retaliation can be difficult to prove because you must establish that your activity was the specific reason for your termination.
Employers often defend themselves by asserting a legitimate, non-discriminatory reason for your termination. For example, if you filed a harassment claim against your employer but also had several unexcused absences, your employer could claim that those absences were the reason for your termination.
Discrimination is another top sign that your termination may have been illegal. Age, disability, race and religion are examples of protected characteristics that cannot be used as a basis for termination.
Like retaliation, a termination based on discrimination can be challenging to prove. Your employer could once again try using a legitimate, non-discriminatory reason for your termination.
A discrimination claim has a higher chance of success if you can prove a pattern or practice of discrimination by your employer, such as evidence that a certain race or age group is consistently being terminated.
Inconsistent statements or not following procedure
Inconsistent reasons given by your employer for the termination is a warning sign of wrongful termination. If you are initially told your termination was for unexcused absences but later told it was for poor work performance, this is a red flag.
Employers with a specific termination policy should follow the policy when terminating employees. Termination policies are typically included in an employee handbook.
If your employer had a termination policy that was not followed in your termination, this is a sign your termination was illegal.
For example, a termination policy might state that an employee is to be given a verbal warning and a written warning before being terminated. If you are terminated with zero warnings, your termination may not have been legal.
Remember that these are signs of potential wrongful termination. You should not assume you have a claim for wrongful termination if you are in this situation. Wrongful termination claims depend on specific facts and details. A thorough examination of your situation can help you know if you should move forward with a wrongful termination claim.
