How To Contest A Wrongful Termination Retaliation?

July 19, 2021

An employer can fire an employee for any reason or no reason at all (in the states with the “at-will” clause in the employment contract.) However, if an employer punishes its employee for participating in certain lawfully protected activity, it qualifies as wrongful termination and unlawful retaliation.
Although most federal employment laws protect employees on various grounds, still cases of retaliation by employers are rising alarmingly. Fortunately, employees can claim wrongful termination if their employers fire them unlawfully for exercising their rights.

How to identify workplace retaliation?

As an employee in New York City, you are protected by the law and can exercise your rights and complain against your employer with the help of a termination retaliation lawyer in New York in the following situations:

  • File a complaint if you experience any discrimination or harassment. This includes sexual harassment, unequal wage, child labor, or any other illegal activity you may suspect.
  • You are exempt from retaliation if you demand your employment rights like accommodations for a disability or religious practice, exercising leaves, and more.
  • In the event of an ongoing investigation, hearing, or lawsuit involving your employer, your statement in court against your employer cannot be held as a legal ground for your employment termination.

What to do when faced with wrongful termination?

If you have been fired without notice following any of the above-mentioned grounds, consult a New York-based workplace retaliation attorney. There are, however, some things you must have before you can proceed with your attorney for the lawsuit.

  1. You must have the written proof that you filed a complaint, thus, exercising your employment right;
  2. A proof that indicates that you were punished by your employment termination shortly after filing the said complaint;
  3. Your attorney will need to establish a link between the two occurrences by proving the two were cause and effect.

Unsurprisingly, proving the connection between the complaint and termination is often the most challenging part of the claim as the employers produce contradictory evidence.
Here, an experienced retaliation lawyer in New York City can be your biggest asset in claiming the damages you deserve. Fight for your rights with the best attorneys, call Cohen & Fitch LLP today at 212-374-9115 and let us know how our team can help you get the justice you so rightfully deserve.