Navigating the Complexities of Wrongful Termination: What You Need to Know!

Terminated on trumped-up charges?

When a hard-working individual approaches their mid-50s or mid-60s, they should be at the top of their career game. A work ethic honed over many years, a wealth of knowledge grounded in real-world encounters, and skills gained from multiple positions and training exercises should serve them well. However, there may be times when that individual faces unfair treatment at work and would need the help of a wrongful termination lawyer NYC.

One day, seemingly out of the blue, this hard worker may be fired. An incident of misconduct or a pattern of poor or declining performance may be mentioned as a pretext. Yet younger workers, workers of a different gender or sexual orientation, or workers of a different race or background may be kept on payrolls despite similar or worse misconduct or deficiencies in their work. A reasonable person might believe that discriminatory motives or labor law violations are in play, and this is where lawyers for unfair treatment at work can help! 

Terminated for speaking out or opposing bias?

The federal and state civil rights (or human rights) laws aim at ensuring a more inclusive and tolerant work environment. Not just acceptance, but equality and fairness are their goals. Court cases, enforcement proceedings by the U.S. Equal Employment Opportunity Commission (EEOC), and even private arbitrations, mediations, and HR investigations advance these goals.

Retaliation against workers who testify, provide documentary evidence, or speak out against discriminatory decisions, a harassing or hostile atmosphere at work, or workplace policies that fall more harshly on women, sexual minorities, Black or Hispanic Americans, or other protected groups must be illegal. Otherwise, employers or bad supervisors could prevent the civil rights laws from doing their important work in society. Court cases and EEOC decisions also have a teaching function, to create examples of what not to do as an employer, and to explain what an employer committed to equal opportunity must do.  

Lawyers for unfair treatment at work suggest that any adverse action linked to opposing discrimination or illegal harassment can be prohibited retaliation. Sometimes the role of the employee in speaking out against injustice will be mentioned around the time that the adverse action is taken, like firing, demoting, transferring, or denying a raise or promotion to the employee. Other times, a pretext or excuse will be all that is mentioned, but the closeness in time of the harmful action to the role of the employee in opposing discrimination or workplace harassment will justify the conclusion that retaliation has happened. 

Terminated for opposing unlawful policies?

For the stock markets to perform properly, companies have to tell the truth about how they are doing, and obey critical regulations and filing deadlines. After the financial crisis of 2007-2010, Congress passed a law stating that public companies are restricted from retaliating against employees who report potentially unlawful actions or decisions at their company. 

The employees themselves help enforce standards of truthful reporting practices when whistleblowers file retaliation claims for damages and other remedies against employers who act negatively against truth-tellers. A different federal law encourages employees of companies who receive funds from the federal government to report when their employer or someone else knowingly submits false claims or bills for money or property to government agencies.

Under the law of some states, retaliation against workers who report unlawful practices unrelated to the stock market or to federal funds can be wrongful termination. In New York, for example, personnel action may be illegal termination if it seems to penalize an employee because she or he tells, or threatens to tell a higher supervisor or a government agency that an activity or policy of the employer violates a law, rule or regulation, and in so doing the employer specifically threatens substantial danger to the public health or safety, or “health care fraud.”

Next steps?

It is important to know your rights when it comes to wrongful termination, whistleblowing, and retaliation for opposing harassment, discrimination, or other illegal or fraudulent activities. The best approach is to consult with an experienced wrongful termination lawyer in NYC. Get a free consultation to understand your rights and take action to protect them, including contacting human resources or the government.