If you have been a victim of wrongful employment termination, New York state law permits you to file a lawsuit. An employment termination is wrongful if your employer violated federal law such as the antidiscrimination law for certain groups; failed to abide by the labor contract; retaliated against an informer or against a worker who exercised his or her legal right to claim labor benefits established by law. Following, we will discuss the steps to take to successfully claim compensation for wrongful dismissal.
- Thoroughly Document Everything that Happened
It is very important to write down everything leading to your dismissal, in chronological order. The most efficient way to do this is using a work journal where you should write the place, date, and time of the events that happened and the people who were present at those times.
- Produce Your Documentation and Documentation from Your Employer
Gather important documents such as pay stubs, work evaluations, company rulebooks or employee guidelines, notes or emails relevant to the case and/or photos used to discriminate against you if this was the reason for your dismissal.
- Get Names and Personal Information from People with Knowledge of the Incident
If the incident(s) that led to your dismissal occurred in the presence of other workers, vendors, or clients, prepare a list of names, addresses and contact information for these people.
- Follow the Appeals Process Established by Your Company, if Applicable
Few companies give you the right to appeal termination of employment in writing if you are not in agreement with the decision. If you have this opportunity, explain the incident and produce documentation and witnesses who can corroborate the story.
- Submit a Complaint to the New York Division of Human Rights
In the state of New York, if you were fired in violation of state law, you must submit a complaint to this department before being able to sue in court. The complaint must be submitted within one year of the incident. Subsequently, the agency will carry out an investigation and will hold a public hearing where both sides will testify. If the agency fails to find discrimination against you, you have 60 days to file a suit with the supreme court.
- Appeal the Agency’s Decision to the Supreme Court of the State of New York
You do not have to have a lawyer to establish an compensation claim for wrongful termination of employment. The court permits you to represent yourself. However, you will face attorneys with legal experience who represent your employer. This will put you at a very great financial and legal disadvantage and will have repercussions on the final result of your case. The law is very detailed and constantly evolving. Even attorneys who practice in other areas of law choose specialist attorneys in wrongful dismissal to ensure the best defense possible.
It is our recommendation that you contact an attorney immediately after being fired. That way, you can guarantee that the required legal steps will be followed in the time given to be able to file a successful lawsuit.