Originally published on 311personalinjury.com.
Losing your job can be devastating, especially if you believe it is unjust. Wrongful termination disrupts your career, leaving you powerless and uncertain about your future. However, it’s crucial to remember that you have rights and options, particularly in a state like New York with robust employment laws. If you suspect you’ve been wrongfully terminated, here are five essential steps to take. Please note that this is general advice and not a substitute for personalized legal counsel. It’s always best to consult with an employment lawyer to understand how the law applies to your specific situation.
Understanding Your Rights: It’s not just crucial, it’s empowering to familiarize yourself with New York’s employment laws and regulations before taking action. New York operates under an ‘at-will’ employment system, which means employers can terminate employees for any reason or no reason as long as it’s not discriminatory or violates an employment contract. However, there are exceptions to this rule, such as termination based on discrimination, retaliation, or violation of public policy. Grasping your rights under state and federal laws is the first step in building your case, and it puts you in the driver’s seat of your future.
Building Your Case:
- Document everything related to your termination, including emails, performance evaluations, witness statements, and any other relevant materials. This isn’t just a suggestion, it’s a proactive step that can significantly bolster your wrongful termination claim and provide context for your situation. By documenting your experiences, you’re not just preparing your case, you’re taking control of your narrative. Ensure you have copies of your employment contract, employee handbook, and other documents outlining company policies and procedures.
- Keep a record of any discriminatory remarks or actions by supervisors or colleagues.
Seeking Legal Advice: Consulting with an employment lawyer is crucial in cases of suspected wrongful termination. An experienced lawyer, such as those at the Law Firm of Figeroux & Associates, can assess the strength of your case, explain your rights, and guide you on the best course of action. They can also help you navigate complex legal processes, such as filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights. Call 855-768-8845 or visit www.askthelawyer.us to schedule an appointment with a lawyer from the Law Firm of Figeroux & Associates who is knowledgeable and experienced in Employment Law.
File a Complaint: If you believe you’ve been discriminated against or wrongfully terminated, you can file a complaint with the appropriate government agencies. You can file a discrimination complaint in the New York State Division of Human Rights or the EEOC in New York. These agencies will investigate your claim and may pursue legal action if they find evidence of wrongdoing. If your complaint is successful, you may be reinstated in your job, receive back pay, or be awarded damages. However, it’s important to remember that the outcome is not guaranteed, and there are strict deadlines for filing complaints, so act promptly to preserve your rights.
Consider Legal Action: If mediation or other forms of resolution are unsuccessful, you may choose to pursue legal action against your former employer. This typically involves filing a lawsuit alleging wrongful termination, discrimination, or other employment law violations. Your lawyer will guide you through the litigation process, representing your interests in court and advocating for a favorable outcome. It’s important to note that pursuing legal action can be costly. You may need to pay for legal fees, court costs, and other expenses. While litigation can be time-consuming and emotionally taxing, seeking justice and holding your employer accountable for their actions may be necessary.
Losing your job under unjust circumstances is undeniably difficult, but taking proactive steps to protect your rights and seek recourse is essential. By knowing your rights, gathering evidence, seeking legal advice, filing a complaint, and considering legal action, you can assert yourself in the face of wrongful termination and work towards a resolution. Remember, you’re not alone, and resources are available to help you navigate this challenging situation. However, it’s crucial to act promptly. There are strict deadlines for filing complaints and initiating legal action, so don’t delay in preserving your rights.
Legal Guidance
If you believe you have been wrongfully terminated, contact the experienced Civil Rights Law Firm of Figeroux and Associates today. Call 855-768-8875 or visit www.askthelawyer.us to schedule an appointment.