Wrongful Termination in New York
Workers who feel they have been the victim of a wrongful termination in New York have a wide variety of options available to them to pursue compensation and relief. Both public employees and private sector employees, terminated for refusal to carry out an illegal action, giving testimony under subpoena, or discrimination complaints must have reported the issue to a supervisor and allowed ample time for the issue to be resolved in order to file a claim.
New York Discrimination Laws
Employees in New York are provided the basic protections from discrimination due to race, color, sex, religion, or national origin by federal laws. The laws of New York State also provide protection against discrimination as well as legal guidelines to file a claim or lawsuit for wrongful termination. Unlike California, the filing of a private lawsuit does not need to be delayed in order to first file a claim with the EEOC or other state labor agency. In addition, the statute of limitations for filing discrimination claims and lawsuits is based on the nature of the claim.
Filing a Claim for Wrongful Termination
The more restrictive laws of New York do not typically allow for employees to request reimbursement for the attorney costs of a discrimination claim or wrongful termination lawsuit. State agencies will typically assist with mediation and other attempts to reach a settlement agreement outside of court. In the event that agency efforts are not successful, the agency may either file a civil suit on behalf of the employee or drop their claim to enable the victim to hire an employment law attorney and file a private lawsuit.
Injunctive Workplace Relief
New York State statutes provide for extra penalties for employers who go against regulations in areas such as jury duty and garnishment. Penalties for violation of jury duty regulations include contempt of court charges and a fine of up to $1,000 or thirty days in the county jail. Wrongful termination based on violation of garnishment laws include liability for reinstatement, reimbursement for up to six weeks of back wages, and a fine of up to $500 for the first incident and up to $1,000 for subsequent offenses in addition to a potential contempt of court charge.
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Other New York Remedies
Other potential remedies available to New York employees include reinstatement of position as well as benefits, punitive damages, or compensation for stress and suffering. Due to the fact that there are so many detailed protections and alternatives for resolution under not federal law and New York state statutes, employees are advised to hire an experienced employment law attorney to help them apply the laws to their specific claim or case. Even the process of filing an EEOC claim or civil suit can be complex and the advice and expertise of an attorney can make certain that employees pursue every legal option provided.
Employees who feel they have a claim for wrongful termination may have many options available to them to hold the employer accountable. The advice of an attorney, who specializes in employment law, including wrongful termination in New York due to discrimination and other violations of employee rights, is necessary to ensure all the protections under the law are explored.