If you believe you’ve been unjustly fired, learn what actions you may take.

WRONGFUL TERMINATION

No employee ever likes to be let go from a job. However, terminations do occur and in some cases, wrongful terminations occur. Terminated employees who were under contract with an employer may not be discharged without a valid cause. In addition, employees who believe they were fired for any reason that violates public policy may have the preliminary basis to file suit against their employer.

Wrongful terminations are often difficult to prove, but there are very specific actions which could result in a wrongful termination claim. Some of these include:
• employees who feel they have been discriminated against
• employees who were terminated based on retaliation
• firing employee to prevent payment of earned benefits
• a termination for no cause in the presence of an employment contract requiring cause
• firing an employee because they complained about a hostile work environment

  • employees who feel they have been discriminated against
  • employees who were terminated based on retaliation
  • firing employee to prevent payment of earned benefits
  • a termination for no cause in the presence of an employment contract requiring cause
  • firing an employee because they complained about a hostile work environment

Employers may not relieve an employee of their duties because they have filed a workers compensation claim, have complained about working conditions, nor may they be fired on the basis of disability, age, pregnancy, marital status or sexual orientation.

EMPLOYER PROTECTIONS

When an employer needs to lay off members of its staff because business is slower than expected, they must be able to make those decisions freely. Employers should have a policy in place such as last hired, first let go in order to ensure they are not facing a legal challenge to the termination of an employee. At Solomon Richman, P.C. we can help you determine if your policy meets all legal requirements before you run into trouble for wrongful termination.

EMPLOYEE PROTECTIONS

Employees should not feel their jobs are threatened needlessly. Under the law, employees cannot be fired in retaliation for reporting issues on the job. In addition, employees may not be fired for considering forming or joining a union. Any employee who feels their employer has violated any part of their rights in regards to termination should request a consultation with Solomon Richman, P.C. and have their case reviewed.

While New York State observes at-will work, there are still legal processes that employers must adhere to when terminating an employee. This is especially true if an employee has an existing contract that specifies reasons they may be removed from their position.

Solomon Richman P.C., has been dealing with employment law for many years. Our skilled attorneys can provide arbitration or mediation services in the event of a dispute between employer and employee, or when necessary, we are willing to serve as an advocate in the court system. Call us today at (516) 437-6443 to schedule a consultation with the skilled employment attorneys at Solomon Richman, P.C.

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SOLOMON RICHMAN P. C.

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