A Complete Guide from an Social security disability Lawyers
Wrongful termination occurs when an employee is terminated for a reason
that violates federal and New York state employment laws. This can include
discrimination, retaliation, or breach of contract.
Many states are “at-will” employment states, meaning that employees can
be fired at any time for any reason. However, New York labor law prohibits
wrongful termination based on a protected class, including age, race, religion,
gender and military status.
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1. Gather Evidence
Wrongful termination can have a significant impact on your life and
finances. It can leave you without an income to cover basic living expenses or
pay for significant monthly items like a mortgage or car payment. You could be
entitled to compensation for your losses, but you may need strong evidence to
support your claim and help a judge or jury believe your story. Taking the time
to gather and preserve all relevant information can make your case stronger.
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The most important pieces of evidence for a wrongful termination lawsuit
are documents and communications related to your employment. Documents such as
pay stubs, time sheets, and contracts showcase employment terms, performance
evaluations, and any disciplinary action you may have been subject to.
Similarly, emails and memos that demonstrate communication can provide valuable
contextual evidence for your case. In addition, any witness statements or
records of alleged discriminatory behavior can be powerful and strengthen your
argument.
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Because we live in an “at-will” employment state, it can be difficult to
prove that a termination was wrongful. This is because employers are not
required to provide a reason for ending your employment relationship. They may
cite performance issues, company restructuring, or policy violations as an
excuse for firing you. The key to successfully winning a wrongful termination
lawsuit is to show that these stated reasons are false or pretextual and were
used as an attempt to mask discrimination or retaliation.
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Keeping thorough and organized notes or journal entries about incidents
that occurred prior to your termination can be useful as well. It is also
important to keep any documents or communication you receive after your
termination, as they can support your claims and build a more compelling
narrative for your case. This is why it is vital to store all relevant evidence
in a secure location to prevent any loss, damage, or tampering. A wrongful
termination attorney can assess your evidence and help you determine which
documents will make the strongest arguments to support your claims. In
addition, they can help you navigate the complexities of New York law and
regulations that govern wrongful termination cases.
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2. Document Everything
Wrongful termination can have a long-lasting negative impact on your
life and career, especially when it occurs because of discrimination or
retaliation. It can lead to depression, financial stress, and a difficult time
finding new work. In the worst cases, it can even damage your reputation.
Fortunately, there are legal grounds that allow employees to take action
against employers who fire them without cause. The first step in determining
whether you have a viable case against your former employer is to carefully
document the circumstances that led to your firing.
This will include any emails and written communications you received
before or after your termination as well as witness statements. You should also
request your personnel file and make a copy of all reports or reviews in it. To
prevent any tampering, you should mail yourself these copies by certified mail.
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In addition, you should review any documentation provided to you during
the firing process, including any severance agreement or termination letter.
Look for clauses or inconsistencies that may suggest your rights were violated.
You should also review company policies and your employment contract to
understand your legal rights and determine if your firing violated any of those
terms.
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