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New York State has an at-will employment statute, which means an employer can terminate an employee at any time for any reason. However, there are circumstances in which unlawful termination can occur. Many statutes are in place to protect employees, so if you believe you were fired illegally, there may be legal recourse. The attorneys at MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY can help determine whether you have a case. Below, the employment law experts summarize some telltale signs you could have grounds for a lawsuit.

3 Indications You Have Experienced Unlawful Termination 

1. Discrimination 

Just as anti-discrimination laws protect you when applying for a job, these same guidelines apply to the firing process. You cannot be terminated because of gender, race, age, disability, sexual orientation, or national origin. Despite at-will employment statutes, an employer must prove termination was performance-based if a discrimination complaint arises. 

2. Violation of Public Policy 

unlawful terminationSeveral public policy decisions are in place to protect your right to take certain types of leave. For example, employers cannot lose their jobs for taking time off for maternity or paternity leave, voting, attending jury duty, or serving in the military or National Guard. 

3. Retaliation  

In the event you were fired after reporting improper conduct or a violation of the law, you may be experiencing a case of unlawful termination due to retaliation. There are stringent laws prohibiting employers from retaliating against employees who file concerns with the Equal Opportunity Employment Commission or Occupational Safety and Health Administration.  Employers are also prohibited from firing employees who refuse to commit illegal acts on their behalf or who report a crime or impropriety their employer has committed.

If you think you have an unlawful termination case, an attorney from MacVean, Lewis, Sherwin & McDermott, P.C. will confirm whether they can pursue justice against your employer. They will also help you understand the options and legal remedies available. Contact their practice at (845) 343-3000, or visit them online to learn more about their employment law services. 

 

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