Although employers can fire employees for unfair reasons, New York’s indecent dismissal laws protect employees from being fired for discriminatory or retaliatory reasons.
For example, employers cannot fire all gay employees, nor can they fire women who complain about sexual harassment.
Examples of false terminations include:
A waiter at a high-end restaurant realizes that the restaurant has illegally withheld tips in the tip pool. After complaining to her supervisor, she transferred the waiter to a less than ideal shift and then fired her. This is eligible for retaliation.
A man testified in a racial discrimination investigation against his company. After the company had to pay a settlement due to discrimination, the employer fired the person who testified in the case. This is eligible for retaliation.
An employee with a history of positive performance reviews was fired after telling his boss that he planned to change gender. This is an example of transgender discrimination.
After a woman complained of sexual harassment, her boss fired her, claiming that the woman did not fit the company culture. This is revenge.
A woman tells her boss that she is pregnant. A week later, after a long period of positive feedback, you received an unfounded negative performance evaluation. Then, she was fired for negative comments. This is pregnancy discrimination.
An employee dealing with sick parents asked his boss to take a few weeks of leave to apply for the Family and Medical Leave Act. The company fired the employee the next day. This is revenge.
Employers can legally fire people who are late or perform poorly. However, if the negative comment is retaliation, or the company fires the person who complained of discrimination for being late, it may be improper.
Wrongful termination New York State law protects employees from unlawful termination. An improper termination lawyer can help determine if you have a case.
Human Rights Advocacy Firm lawyers are ready to defend your interests in any unfair situations where an individual's rights and legitimate interests are violated.
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