If you are in need of wrongful termination, then you must understand that it can happen to anyone. Most New York workers are legally at-will workers. That means they can be terminated for any reason without giving a reason for their termination. It is also not necessary for the employer to give a reason for termination.
In the event that an employee feels they were fired unjustly they may file a lawsuit and if they are not able to prove that it was unjustified, then their rights may be violated and they won't be entitled to money damages. New York has a personal injury statute of limitations that can extend to ten years.
Employees who have been terminated for any number of reasons can use New York wrongful termination lawyers to get the compensation they deserve. There are certain things that are protected under employment law. A few things are discussed below. The following paragraphs will help you understand what these laws mean and how to find the right attorney for your situation.
You are entitled to an at-will agreement with your employer. If an employee is fired for reasons that are stated in the employment agreement the employee is not entitled to any compensation for that termination. However, if an employee is terminated because of an act of a crime or for some other reason that has been stated in the employment agreement, the employee may be eligible for damages.
Your employment agreement can provide a number of exceptions for the reasons stated in your employment agreement. For example, if an employee gets fired for reasons related to discrimination, a lawsuit cannot be filed. Also, an employee who is terminated for filing a false complaint about sexual harassment does not have to give up their right to a discrimination claim. Lastly, there are times when the employment agreement will provide protection against wrongful discharge.
If your employment agreement includes provisions for wrongful discharge, you will want to make sure that you read over the provisions carefully before signing the contract. Some states do not allow discrimination claims to be brought within the first two years of employment. If you are terminated from your job because you had an adverse drug test, then you may be eligible to bring a lawsuit under federal disability laws.
When it comes to the exception of an agreement for wrongful discharge, it is best to find out what the actual agreement says before signing it. Many agreements are vague in nature and there may be conditions that the employee cannot take advantage of if they sign on the dotted line. It is a good idea to read over the agreement closely to make sure that you are only signing on the dotted line if you know what you are signing on the dotted line.
There are other ways that you can claim wrongful termination for an employee. If you feel that you have been unfairly terminated then you should talk with New York wrongful termination lawyers about your options. You may be able to collect monetary damages and legal assistance to help you file a lawsuit.
If you believe that you have been terminated for reasons other than at-will, then you may have a stronger case. For example, if you are fired because you are pregnant, or if you have a mental illness then the at-will rule no longer applies. In this case you have a better chance at being able to sue for wrongful termination.
The at-will rule was designed to prevent employees from being forced to work for someone else. If you have a contract that gives you the right to work for someone else for one reason, then you should be able to get another job. if you are fired for a different reason.
If you are unsure whether you have a case you should look into hiring the services of a New York wrongful termination lawyers. If you hire a lawyer, they will review the contract with you to make sure that you understand the terms and conditions of your employment. and the rights that you have as an employee.
If you feel that you were fired for a reason other than at-will, you will need to be sure to discuss this with your lawyer. A wrongful termination attorney can help you evaluate your case and help you file a suit if necessary. If you have been wrongfully terminated from your job and think you have a strong case then you should contact a wrongful termination lawyer as soon as possible.