If you have been a victim of wrongful termination of employment in the State of New York, then you should talk to the best New York wrongful termination lawyer to determine whether your employment has been ended lawfully or not. You should know, however, that terminating an employee in New York happens very often because this is an employment-at-will state, which means that the employer can easily lay you off.
But, that doesn’t mean that any termination for cause in New York is lawful. After all, New York is not the Wild West. Employers must be careful when firing because employees may bring a lawsuit against them. Proving wrongful termination in New York State usually requires the employee to prove that the now-former employer has violated their employment rights with the firing. That’s the reason why when a New York wrongful termination lawyer brings such a claim it is often intertwined with discrimination claims or other violations.
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If you are faced with a situation like this, call us at the Law Office of Yuriy Moshes for help. Our New York wrongful termination attorneys have vast experience in assisting clients with violations of their employment rights. We may be able to help you get back to your old workplace. Call us now at 888-445-0234.
If you have been wondering if an employer has to give a reason for terminating an employee in NY, the simple answer is no. The employer can lay the employee off at any time due to any reason for termination as long as there is no contract clause or a collective bargaining agreement restricting some of the possible reasons, and the reasons are not discriminatory or retaliatory. Otherwise, any other reason for termination of employees is lawful, even if it seems completely arbitrary and unfair.
On the same note, employees in New York are free to terminate their employment at any time due to any reason and without the need to explain anything to their employers.
Employees working for New York companies should know that the New York State termination laws and New York Labor Law § 195(6), employers are required to provide written notice to any employee terminated from employment with “the exact date of such termination as well as the exact date of the cancellation of employee benefits connected with such termination.” This requirement, however, doesn’t include any explanation of the reason for discharge.
As we explained, most of the reasons for the termination of an employee in the State in New York are lawful. Yet, people come to our office asking for advice if the reasons they have been given are lawful or not. They are not aware about the New York employee termination laws and need further explanation. If you are in the same situation, to give you an idea about the lawful reasons for termination, here are the most common ones:
This is not an exhaustive list of all the lawful reasons for firing someone in New York. What you may consider being a wrongful termination may yet be a lawful one. Talk to a New York employment attorney for assistance and read the unlawful termination reasons that follow.
In our experience, the following termination reasons make termination for cause in New York likely to be considered as unlawful by NY courts:
Again, there are other wrongful termination grounds in the State of New York. An experienced wrongful termination lawyer may help you understand them better and determine whether the reasons for your termination were lawful or not.
New York employers know the New York labor laws on termination. They know what is lawful and what is not. That’s why they would rarely give the real reason for the firing. Instead, they would offer a phony excuse or a made-up reason to the employee because otherwise, the termination would be illegal. That excuse is called a pretext and the termination is called a pretextual termination.
Just because the employer provides a pretext that seems valid, it doesn’t mean that they have done it properly and that you don’t have a case. Your NY wrongful termination attorney will consider all the circumstances and may build your case on them.
Some of the most common pretext termination causes are “not a good fit for the company”, “poor performance”, and “financial reasons.” But, if there is any discrimination or retaliation-related circumstances in the story, then you may have a case.
If you are in a situation wondering whether the termination of your contract has been arbitrary and unfair, it doesn’t hurt to contact an experienced NYC wrongful termination lawyers for help. The Law Office of Yuriy Moshes is at your service for a free initial consultation. Call our NY employment lawyers for wrongful termination and determine how strong your case is. Tell us about your circumstances and we will investigate it and present you with your options.
We assist victims in the greater New York City area including all of its boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York. Call us today at 888-445-0234 for your free consultation