New York Wrongful Termination Lawyer

We represent employees across New York City and throughout the state who believe they were fired for an unlawful reason. New York is an at-will employment state, which means termination is only “wrongful” in the legal sense when it violates a specific statute or agreement. If you were let go after reporting misconduct, requesting an accommodation, or because of a protected characteristic, we can help you understand whether your termination crossed a legal line.

What Qualifies as Wrongful Termination Under New York State Law?

Because New York follows the at-will employment doctrine, an employer generally may terminate an employee for any reason, or no reason, without notice. Wrongful termination arises only when a firing violates a specific law, such as anti-discrimination statutes, anti-retaliation protections, whistleblower laws, or an enforceable employment contract.

Common categories include termination motivated by a protected characteristic such as race, sex, age, or disability; termination in retaliation for reporting discrimination, harassment, or illegal conduct; termination for exercising a legal right such as taking medical leave; and termination that breaches an employment contract or collective bargaining agreement.

New York State does not recognise a broad, freestanding claim for a firing that merely feels unfair. Identifying the specific statute or agreement your employer violated is what makes a claim work, and it is the first thing we look for. Call Allred, Maroko & Goldberg today to speak with an experienced legal advocate.

If you’re unsure whether your rights were violated, we’re here to help.

Laws That Protect New York Workers From Wrongful Termination

Several overlapping laws give New York employees grounds to challenge an unlawful firing.

The New York City Human Rights Law prohibits termination based on protected characteristics such as race, sex, age, disability, and national origin for employees within the five boroughs, using a broad, employee-friendly standard.

The New York State Human Rights Law similarly prohibits discriminatory termination for employers across the state, extending protection to employees outside New York City.

Title VII of the Civil Rights Act prohibits termination based on race, color, religion, sex, or national origin for employers nationwide with 15 or more employees.

New York Labor Law Section 740 protects employees from retaliatory termination after reporting or objecting to certain illegal employer conduct, including activity that presents a substantial danger to public health or safety.

The federal Family and Medical Leave Act protects eligible employees from termination for taking legally protected medical or family leave, requiring reinstatement to the same or an equivalent position.

Because these laws overlap, a single termination may be challenged under more than one legal theory at the same time.

Employers Covered by Each Law

Coverage is one of the first things we check, because it decides which law gives you the strongest claim. The three statutes reach different employers, and the differences are wide.

The New York City Human Rights Law applies to employers with four or more employees, and independent contractors count toward that number in many circumstances. The New York State Human Rights Law was amended to reach every employer in the state regardless of headcount, so even a workplace with two or three staff is covered. Title VII only reaches employers with 15 or more employees.

That gap matters. If you work for a small business in Brooklyn, federal law may give you nothing while city and state law give you a full claim. We work out which doors are open before deciding where to file.

Common Examples and Warning Signs of Wrongful Termination

Wrongful termination often follows a recognizable pattern. You may have a claim if you were fired shortly after filing a harassment or discrimination complaint, after requesting a disability or pregnancy accommodation, or after taking medical or family leave.

Other warning signs include sudden negative performance reviews after years of positive evaluations, being replaced by someone outside a protected class shortly after termination, and termination following a report of illegal conduct, safety violations, or wage theft.

Evidence to Preserve After a Wrongful Termination

Because New York is an at-will state, a wrongful termination case is rarely about whether the firing was fair. It is about whether the reason your employer gave is the real one, and testing that requires the record from either side of the decision.

The documents that matter most are usually these:

• The termination letter and every reason the employer has given, in writing or otherwise
• Performance reviews from before the firing, particularly any that contradict that reason
• Any complaint, accommodation request, or leave request you made beforehand
• Disciplinary records, both yours and any you know of for colleagues who did the same thing
• Emails or messages referencing the decision or the events leading to it

Comparator evidence is often decisive. If a colleague committed the same infraction and kept their job, the stated reason stops explaining what happened to you, and the employer has to account for the difference.

Request your personnel file in writing before too much time passes. It is the cleanest way to capture what the employer recorded about you while the decision was being made.

When Is an Employer Liable for Wrongful Termination in New York?

Employers can be held liable for wrongful termination when the decision was substantially motivated by a protected characteristic, protected activity, or a right exercised under a specific statute. Liability generally rests with the employer, though under the New York City Human Rights Law, individual supervisors who directly participated in the discriminatory decision can also be held personally liable.

Liability is not limited to the company. Under the New York City Human Rights Law, a supervisor who made or participated in the decision can be named personally, which matters when an employer is insolvent, has dissolved, or is contesting coverage. It also changes the dynamics of settlement, because an individual defendant facing personal exposure is often more motivated to resolve a case than the company is.

What we look for is the gap between the reason given and the reason that fits the record. Employers are entitled to make bad decisions and unfair ones. They are not entitled to make unlawful ones, and the difference usually shows up in how consistently the stated reason was applied to everyone else.

How We Evaluate a Wrongful Termination Claim

When evaluating a wrongful termination claim, we examine the stated reason for termination, the timing between any protected activity and the firing, whether similarly situated employees were treated differently, and whether the employer’s explanation appears consistent or shifts over time.

Call Allred, Maroko & Goldberg today to speak with an experienced legal advocate.

What to Do After You Are Fired

At-will employment makes the employer’s stated reason the centre of the case. What you preserve now is what lets us test that reason against the record.

• Write down the termination meeting while you remember it, including the reason you were given.
• Keep the termination letter, and note any later change in the employer’s explanation.
• Save performance reviews, particularly any that contradict the stated reason.
• Preserve any complaint, accommodation request, or leave request you made beforehand.
• Note colleagues who did the same thing without being fired.
• Request your personnel file in writing.
• Do not sign a severance agreement or release before it has been reviewed.

Severance agreements deserve particular care. Most contain a release of claims, and signing one usually ends your ability to bring the very case you may be entitled to bring.

There is normally a window to have those terms reviewed before you decide. Call Allred, Maroko & Goldberg today to speak with an experienced legal advocate.

How Long Do You Have to File a Wrongful Termination Claim in New York?

Wrongful termination claims are subject to different deadlines depending on the underlying legal theory and the agency or court involved.

A complaint filed with the New York State Division of Human Rights (NYSDHR) generally must be filed within 3 years of the termination. A complaint filed with the NYC Commission on Human Rights (NYCCHR) also carries a 3-year deadline. A charge filed with the Equal Employment Opportunity Commission (EEOC) under Title VII generally must be filed within 300 days. Whistleblower retaliation claims under NY Labor Law Section 740 generally must be filed in court within 1 year of the retaliatory termination, a notably shorter window than discrimination claims.

Because the NYC Commission no longer automatically cross-files complaints with the EEOC, employees may need to file separately with each agency to preserve every available claim.

Murphy v. American Home Products and Why the Statute Matters

In Murphy v. American Home Products Corp., New York’s Court of Appeals declined to recognize a broad, freestanding tort for termination that merely violates public policy, reaffirming the state’s strict at-will employment doctrine. The decision underscores why specific statutory protections, such as anti-discrimination and whistleblower laws, remain the primary path for challenging a wrongful termination in New York.

The practical consequence of Murphy is that a wrongful termination case in New York has to be anchored to something specific. A claim that the firing was unjust will not survive on its own, however unfair the circumstances.

That is less limiting than it sounds. The statutes that do exist cover a great deal of ground, from discrimination and retaliation through whistleblowing, leave rights, and wage protections, and a single termination frequently violates more than one of them at the same time.

Remedies Available for Wrongful Termination in New York

What you can recover depends on the statute your claim is brought under, and the differences between them are substantial.

Back pay covers the wages and benefits lost between the termination and the resolution of the claim, including bonuses and commissions you would have earned. Front pay covers future losses where returning to the workplace is not realistic, which is common once litigation has begun. Reinstatement is available in principle and sought less often in practice, for the same reason.

Emotional distress damages are available under city and state law without the statutory caps that limit federal claims, and punitive damages may be available where an employer acted with malice or reckless indifference to your rights. City and state law also allow recovery of attorney’s fees and costs from the employer, so bringing a claim does not have to depend on what you can afford to spend.

No lawyer can guarantee a particular result. The value of a case requires an individualized analysis and depends on the evidence, the reason your employer gave, the impact on you, and the defenses raised.

Why Choose Allred, Maroko & Goldberg?

We were founded five decades ago by Gloria Allred, Michael Maroko, and Nathan Goldberg. Our attorneys have spent their careers representing employees and civil rights plaintiffs against employers with far greater resources than the people bringing the claim.

We have recovered more than $1 billion for clients across our practice areas, and we are recognized nationally for our advocacy on behalf of employees and victims. Past results do not guarantee future outcomes.

Gloria Allred is admitted to practice in New York and is among the most widely recognised civil rights attorneys in the country. 

At-will employment means the case is not about whether your firing was fair. It is about whether the reason your employer gave holds up, and testing that reason against the personnel record, the timing, and the treatment of comparable employees is what decides the outcome.

Allred, Maroko & Goldberg Is Ready to Help, Talk to Us

We help New York City employees and workers statewide evaluate whether a termination violated a specific law, identify the applicable deadlines, and gather supporting evidence. We handle filings with the NYSDHR, NYCCHR, and EEOC, negotiate with employers, and pursue litigation when necessary. Because an unlawful firing usually rests on a separate violation, our New York employment lawyers also handle workplace retaliation and whistleblower claims arising from the same termination.

If you believe you were wrongfully terminated, don’t wait to protect your rights. Call Allred, Maroko & Goldberg at 646-992-2184 to schedule a free, confidential consultation.

Frequently Asked Questions About New York Wrongful Termination Claims

Can I be fired without a reason in New York?

Generally yes. New York is an at-will state, so an employer can end the relationship without notice and without giving a reason, and a firing that is simply unfair is not unlawful on its own. The exception is where the real reason violates a specific statute or an enforceable agreement: discrimination, retaliation for protected activity, whistleblowing, exercising leave or wage rights, or a breach of contract. The case is therefore rarely about whether the decision was reasonable, but about whether the reason given is the actual one.

Is being fired after complaining about harassment illegal?

Yes. Retaliatory termination for reporting harassment or discrimination is prohibited under city, state, and federal law, and the protection applies whether or not your original complaint is eventually proven, as long as you raised it in good faith. Employers understand this, so the stated reason is almost never the complaint itself. What usually appears instead is performance, attendance, or restructuring, and testing that explanation against the record is where the case is made.

How long do I have to file a wrongful termination claim?

It depends on the legal theory. A complaint with the New York State Division of Human Rights or the NYC Commission on Human Rights generally carries three years, and an EEOC charge under Title VII carries 300 days. Whistleblower claims under Labor Law Section 740 must be brought in court within one year, a notably shorter window. Since one termination often supports several theories at once, the earliest applicable deadline governs how much time you actually have.

Do I need a written employment contract to have a claim?

No. Most wrongful termination claims in New York rest on statutory protections rather than contracts, so no written agreement is required. A contract or collective bargaining agreement can add a separate route where one exists, but its absence changes nothing about your rights under the discrimination, retaliation, whistleblower, and leave statutes. Employees frequently assume at-will status leaves them with nothing, and that assumption is the reason a good number of viable claims are never brought.