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What does wrongful termination look like?

It might be frustrating to be fired, but in many cases it’s not a situation where a wrongful termination claim can be raised. Our state is an at-will state, so employers can fire you at any point during your employment. If there is a job performance issue that led to the termination, employers often document them for their own protection. But even if an employer claims that your job performance issues led to your termination, you may suspect otherwise.

While no one ever imagines that they would be fired because of their gender, race or age, it happens more often than we may assume. If you feel you were fired solely on the basis of a protected category, such as race, color, gender or disability, you may have a case against your employer.

Your employer also cannot terminate you in retaliation. For example, if you made a complaint against a coworker or your boss, and you were subsequently demoted or fired in retaliation, this action is illegal.

Finally, there is also such a thing as whistleblower retaliation. You may have gone to the authorities to report something that your company is doing that is dangerous, illegal or unethical. If your employer finds out and fires you or demotes you because you filed a complaint, you may want to take action against them.

Although not every termination case will have a wrongful component, if you feel your rights have been violated, you may want to discuss your case with an attorney.

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Kessler Matura P.C.
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Melville, NY 11747

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