Wrongful Termination: Know Your Rights On Long Island

Wrongful termination occurs when an employer fires an employee for an unlawful reason. In New York, most employees are considered at-will, meaning they can be hired or fired for any reason or no reason at all. However, there are exceptions, and employees are protected by civil rights laws and other federal and state regulations. For example, an employer cannot fire an employee based on their race, religion, national origin, pregnancy, disability, age, gender or sex identity, or certain other protected categories. Additionally, permanent civil service workers and tenured teachers in New York cannot be fired without a hearing. If an employee believes they have been wrongfully terminated, they may have grounds for a lawsuit and should seek legal advice from a wrongful termination lawyer.

Explore related products

The SHRM Essential Guide to Employment Law: A Handbook for HR Professionals, Managers, Businesses, and Organizations

$35.49 $39.99

Employment Law: a Quickstudy Laminated Law Reference

$7.39 $7.95

Employment Law in a Nutshell (Nutshells)

$62

Understanding Employment Law (Understanding Series)

$49.82 $53

A Short & Happy Guide to Employment Law (Short & Happy Guides)

$28

Essential Guide to Federal Employment Laws, The

$39.31 $49.99

Discrimination

If an employee believes they have been wrongfully terminated due to discrimination, they may have grounds for a lawsuit. They can seek compensation for lost wages, lost benefits, emotional distress, and punitive damages. However, it is important to act quickly as there is a time limit for filing a wrongful termination lawsuit, typically ranging from 30 days to 3 years from the date of termination.

To prove discrimination, employees can present direct evidence, such as statements or documents from the employer indicating a discriminatory motive. Alternatively, they can provide circumstantial evidence, showing that the employer treated them differently from other employees outside their protected group or that the stated reason for firing them was false or pretextual.

It is important to note that not all employees are protected from at-will termination. In New York, most employees are considered at-will, meaning they can be hired or fired for any reason or no reason at all. However, even at-will employees are protected from termination based on unlawful discrimination.

If you believe you have been wrongfully terminated due to discrimination, it is advisable to consult with an experienced employment lawyer who can review the specific circumstances of your case and determine your legal options.

Retaliation

In Long Island, wrongful termination occurs when an employer fires an employee for an unlawful reason. Most employees in New York are considered "at-will", meaning they can be hired or fired for any reason or no reason. However, at-will employees are still protected from unlawful termination, such as discrimination or retaliation.

Employees who believe they have been retaliated against can seek legal recourse. They may contact a wrongful termination lawyer for a free consultation to understand their rights and options. In some cases, employees may be able to file a lawsuit against their former employer, claiming lost wages, lost benefits, and emotional distress. It is important to act quickly, as there is a time limit, known as the statute of limitations, on filing a lawsuit, which can range from 30 days to 3 years depending on the case.

To prove retaliation, employees must show that their termination was a direct result of their protected conduct or reporting. This can be challenging, and it is recommended to seek the advice of an experienced lawyer who can review the specific circumstances and determine the best course of action.

In addition to legal protections, employees may also have contractual protections against wrongful termination. An employment contract may include a "for cause" clause, which outlines the reasons for which an employee may be terminated. If an employee is not fired in accordance with this clause, they may have grounds for a breach of contract lawsuit, regardless of their at-will status.

Breach of contract

In Long Island, New York, wrongful termination occurs when an employer fires an employee for an unlawful reason. While most employees in New York are considered "at-will", meaning they can be hired or fired for any reason or no reason, there are certain situations that give rise to claims of wrongful termination.

For example, civil service workers in permanent positions generally cannot be fired without being given a hearing under Section 75 of the Civil Service Law. Tenured teachers are also offered similar protections and cannot be fired without a hearing under the Education Law. Employees who are fired without being given these hearings may have a breach of contract claim and a wrongful termination lawsuit can arise.

In addition to breach of contract, wrongful termination can also occur when an employee is fired for discriminatory reasons or in retaliation for certain conduct. In New York, employers cannot terminate employees based on their race, religion, national origin, gender or sex identity, pregnancy, disability, age, sexual orientation, marital status, military status, or certain other protected categories. Employees are also protected from being fired for engaging in certain conduct, such as complaining about unlawful discrimination or labour law violations in the workplace, filing a gender discrimination lawsuit, or taking Family Medical Leave (FMLA).

If an employee believes they have been wrongfully terminated, they can contact a wrongful termination lawyer for a free consultation to learn more about how to file a claim and how long their case may take. It is important to act quickly, as the statute of limitations for unlawful termination lawsuits in New York ranges from 30 days to 3 years, depending on the type of claim. After this time limit, victims of wrongful termination can no longer file a claim to recover monetary damages.

Explore related products

Employment Law, Cases and Materials (University Casebook Series)

$305

Employment Law: A Guide to Hiring, Managing, and Firing for Employers and Employees [Connected eBook](Aspen Paralegal Series)

$129.96 $214.95

Employment Law: Private Ordering and Its Limitations [Connected eBook] (The Aspen Casebooks)

$175 $359

California Employment Law 2025: The SHRM Guide for Employers

$57.96

Employer's Legal Handbook, The: How to Manage Your Employees & Workplace

$48.29

The SHRM Essential Guide to Employment Law: A Handbook for HR Professionals, Managers, Businesses, and Organizations

$39

Protected classes

In Long Island, New York, most employees are considered "at-will", meaning they can be hired or fired for any reason or no reason at all. However, there are exceptions, and certain situations give rise to claims of wrongful termination. An employer cannot fire an employee for an unlawful reason, and civil rights laws create protected classes of employees for cases of employment discrimination.

In addition to the protected classes mentioned above, employees are also protected from retaliation for engaging in certain conduct in the workplace. For example, employees have the right to complain about unlawful discrimination, labour law violations, or not being paid the proper minimum wage or overtime pay. They can also file a gender discrimination lawsuit, take Family Medical Leave (FMLA), or complain if they weren't allowed to take leave as permitted by the FMLA.

It is important to note that the existence of an employment contract or a collective bargaining agreement does not automatically exclude an employee from being considered "at-will". The contract must explicitly alter the at-will default rule and typically state that the employee may only be terminated for cause, with the reasons for termination defined in the contract. Civil service workers in permanent positions are also protected and generally cannot be fired without a hearing under Section 75 of the Civil Service Law. Tenured teachers have similar protections and cannot be fired without a 3020a hearing under the Education Law.

If an employee believes they have been wrongfully terminated based on their membership in a protected class or for engaging in protected conduct, they can seek legal advice from a wrongful termination lawyer who can assess their case and determine if they have grounds for a lawsuit.

Statute of limitations

In Long Island, New York, wrongful termination occurs when an employer fires an employee for an unlawful reason. While most employees in New York are considered "at-will", meaning they can be hired or fired for any reason or no reason, they cannot be fired for illegal reasons, such as discrimination or retaliation.

The statute of limitations for unlawful termination lawsuits in New York ranges from 30 days to 3 years, depending on the type of claim. After the statute of limitations expires, victims of wrongful termination can no longer file a claim to recover monetary damages. Therefore, it is crucial to understand the statute of limitations for your specific type of claim and take prompt action.

The time limit for filing a wrongful termination lawsuit varies depending on the specific legal basis of the claim. For example, claims under the Fair Labor Standards Act have a two-year statute of limitations, which extends to three years for reckless or willful violations. On the other hand, claims under the New York City Human Rights Law and New York State Human Rights Law have a three-year statute of limitations.

It is important to note that the time for filing a claim of discrimination starts from the notice of the discriminatory act, not when the act takes effect. For claims of discrimination, employees have up to 300 days to file a charge with the Equal Employment Opportunity Commission (EEOC) under Title VII of the Civil Rights Act of 1964. If there is no work-sharing agreement with a state or local equal employment agency, the statute of limitations is shorter at 180 days.

To best preserve your claim, it is advisable to seek legal counsel from experienced employment lawyers as soon as possible, who can guide you on the specific statute of limitations applicable to your case and help you navigate the legal process.

Frequently asked questions