If you’ve been wrongfully terminated, understanding exactly what compensation you can pursue is critical. New York law provides several categories of damages—from back pay and lost benefits to emotional distress and punitive awards—that can help restore what your employer’s illegal actions took from you. The amount you recover depends on
Constructive discharge happens when your employer makes working conditions so intolerable that you have no reasonable choice but to resign—and under the law, this “forced quit” is treated exactly like being fired. If you’re being pushed out through harassment, discrimination, dangerous conditions, or systematic mistreatment, you may have a wrongful
To prove discriminatory termination, you need evidence establishing three critical elements: membership in a protected class, disparate treatment compared to similarly-situated employees outside your protected class, and proof that your employer’s stated reason for termination is pretextual – essentially a cover-up for illegal discrimination. This means documenting specific instances of
After wrongful termination, you maximize your settlement by negotiating before filing formal complaints when your employer faces $75,000-$125,000 in potential litigation costs. Start by documenting discriminatory actions, calculating comprehensive damages (including 3-12 months severance, lost wages, and benefits), and then present a demand 20-30% higher than your target settlement. Most
Getting terminated from your job is stressful enough. But what happens when your former employer continues to interfere with your life after you’ve already cleaned out your desk? Whether it’s giving false references, withholding your final paycheck, or sabotaging your job search, post-termination misconduct by employers is more common than
Your employer just fired you three days after you filed a sexual harassment complaint. Or maybe they terminated you the week you returned from FMLA leave. Perhaps your termination came just hours after you refused to participate in what seemed like illegal activity. When timing like this occurs, it’s rarely
Your employer just fired you without warning. No coaching, no written warnings, no improvement plans—just a sudden termination that blindsided you completely. If your company has a progressive discipline policy, this abrupt firing might not just feel unfair—it could be illegal wrongful termination. Many employees don’t realize that when employers
When your employer suddenly finds fault with work you’ve been doing successfully for years, or when they cite policy violations that seem to come out of nowhere, you might be facing pretextual termination. This is when companies create fake justifications to mask the real—and often illegal—reason they want you gone.
Most employees believe they can be fired at any time for any reason—but that’s not always true. If you have an employment contract or your employer made specific promises about job security, your termination might violate those agreements even if you work in an at-will state. Contract breach claims offer
If you’ve ever been told “you can be fired for any reason because you’re an at-will employee,” you’ve heard only half the story. While at-will employment does give employers significant power to terminate workers, it’s not the blank check many people think it is. Understanding the exceptions and limitations to
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