Many employees, at one time or another, go through the trying process of being terminated from their jobs. This time can be especially emotional, often leaving the employee feeling they were treated unfairly. If you’ve been fired from your job and feel you were treated unfairly, you may question whether you have a legal claim against your employer for wrongful termination. In most states, including New York, employees by default are considered employed “at will,” meaning they can generally be terminated from their job for any reason or no reason at all. The only exceptions to this rule exist where specifically recognized under the law, such as where the termination violates an employment contract or specific state or federal statute.

Eisenberg & Baum’s employment discrimination practice group has experience with wrongful termination cases in New York and across the United States. Whether you believe you were fired for a discriminatory reason or in retaliation for reporting wrongdoing, we can help advise you of your legal rights. Here are several of the most common grounds for wrongful termination claims of which you should be aware if you are considering a claim. This is not intended to cover all of the grounds for a wrongful termination claim, and such grounds can vary from state to state.

Grounds for Wrongful Termination Claims

As I noted, employees in New York and most other states are typically employed at will. However, there are situations in which an employee’s firing can be considered wrongful and therefore entitle the employee to recover damages from their employer.

Violation of the Law

In the absence of an employment contract, you will most likely be considered an at-will employee, and therefore your grounds for challenging your termination will be more limited. While an at-will employee may be terminated without cause, that does not mean the employee can be terminated for any reason. If the employer decided to terminate the employee for an illegal reason, then the employee can challenge the termination. Two of the most common illegal grounds for termination are discrimination and whistleblower retaliation.

Discrimination

Federal law prohibits certain employers from taking adverse actions against their employees (including termination) on the basis of certain protected categories. Those categories include race, color, national origin, gender, pregnancy, age, religion, disability, and genetic information. If you are employed by a private employer, you should be aware that most of the federal laws prohibiting discrimination in the workplace apply to private employers only once they have reached certain minimum threshold number of employees (typically 15).

On top of the federal laws, many state laws prohibit discriminatory employment decisions. For example, in New York employers are prohibited from discriminating against an employee on similar grounds as recognized under federal law as well as sexual orientation, marital status, gender identity, arrest and conviction record, military status or service, observance of Sabbath, political activities, unemployment status, and status as a victim of domestic violence.

Whistleblower Retaliation

In addition to the federal and state protections against workplace discrimination, an employee can base a wrongful termination claim on the concept of whistleblower retaliation. Both federal and state laws prohibit employers from retaliating against employees for reporting certain kinds of improper conduct by their employers. An example of this could be an employee of a chemical company reporting illegal dumping of waste by their employer or an employee of a securities firm reporting insider trading by the firms’ employees. Whistleblower laws are designed to protect employees and ensure certain types of improper employer conduct are reported.

Breach of Contract

The exception to at-will employment occurs when an employee has either an express or implied employment contract in which the employer provides the employee some assurance of job security. Courts are more likely to recognize and enforce express or written contracts versus implied contracts, which require evidence the employer has promised continued employment through policies or other statements. If you are able to prove your employer fired you in contravention of an express or implied contract, you can pursue a breach of contract claim against your employer.

Take Action

While most employees in the United States are considered at-will employees, employers do not have blanket authority to terminate employees where they make their decision in breach of an express or implied contract or in violation of the law or that are based upon discrimination. Many employees, regardless of their at-will status, enjoy the protection of state and federal laws that prohibit employment discrimination based on race, age, gender, religious preference, and a number of other protected categories.

If you believe you have been wrongfully terminated, please contact contact Eisenberg & Baum. We’re based in New York City and have attorneys licensed in many states throughout the country, so we can help no matter where you are. Our group of experienced employment discrimination attorneys will take a look at your case and advise you of your rights and legal options. In discrimination and retaliation cases, we offer free initial consultations and bill on a contingent fee basis, so you won’t have to pay us unless we win your case.