When Is a Firing “Wrongful”?
New York is generally an at-will employment state, which means an employer can often terminate an employee for a bad reason, unfair reason, mistaken reason, or no reason at all. But an employer cannot fire an employee for an illegal reason. A termination may be wrongful if it is connected to discrimination, retaliation, wage complaints, protected leave, whistleblowing, contract rights, or another protected activity.
Many employees are told they were fired for “performance,” “restructuring,” “not being a fit,” or “business reasons.” Those explanations may be legitimate in some cases. But they may also be cover stories when the real reason is harassment, discrimination, retaliation, or an employee’s refusal to tolerate illegal conduct.
Common Wrongful Termination Scenarios
A firing may be legally actionable when an employee is terminated after:
- Reporting sexual harassment by a CEO, owner, partner, supervisor, or executive.
- Rejecting a supervisor’s sexual advances.
- Complaining about race discrimination, disability discrimination, religious discrimination, age discrimination, or LGBTQ+ discrimination.
- Requesting a disability or religious accommodation.
- Taking or requesting FMLA, New York Paid Family Leave, pregnancy leave, or medical leave.
- Complaining about unpaid wages, overtime, commissions, bonuses, or wage theft.
- Reporting legal violations, fraud, patient safety issues, securities concerns, or other misconduct.
- Supporting a coworker’s discrimination or harassment complaint.
Legal Protections
The New York City Human Rights Law, N.Y.C. Admin. Code § 8-107, prohibits discrimination and retaliation in employment. The New York State Human Rights Law, N.Y. Exec. Law § 296, and federal laws such as Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act may also apply. Retaliation under federal law is addressed in cases such as Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), which recognizes that retaliation can include actions that would dissuade a reasonable worker from making or supporting a complaint.
In New Jersey, employees may have claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12, or the Conscientious Employee Protection Act, N.J.S.A. 34:19-3, depending on whether the termination involved discrimination, retaliation, or whistleblowing.
Signs a Termination May Be Retaliatory or Discriminatory
Warning signs include suspicious timing, shifting explanations, sudden negative reviews after a complaint, unequal discipline, replacement by someone outside the protected group, hostility from leadership, pressure to resign, or termination shortly after requesting leave or accommodations. In cases involving executives or owners, another sign is when HR appears more focused on protecting the harasser than investigating the complaint.
Employment Contracts and Severance Agreements
Some employees, especially executives and high-level professionals, may have written employment agreements, offer letters, equity documents, commission plans, bonus plans, or severance agreements. These documents may create separate rights involving notice, cause, compensation, equity, restrictive covenants, or post-employment obligations. Employees should have counsel review these documents before signing anything.
Related Fingerhut Law Pages
Sexual Harassment, Retaliation for Protected Activity, Whistleblower Retaliation, FMLA Retaliation and Interference, Breach of Employment Contract, Wage Theft.
Contact Fingerhut Law
If you were fired after reporting harassment, discrimination, wage violations, leave issues, or misconduct, contact Fingerhut Law for a confidential consultation.
Attorney Advertising Disclaimer: This article is attorney advertising and is provided for general informational purposes only. It does not create an attorney-client relationship and is not legal advice. Prior results do not guarantee a similar outcome.