If a working-class person loses his or her job, the economic stability of that person and his or her family is in danger. It’s a difficult situation to be in, since in many cases paying your rent or mortgage and your electric and water bills depends on the check you get each week or every two weeks. New York is an at-will employment state, which means you don’t have much right to legal action if you have been released from your job. Nevertheless, there are times when dismissal from work can violate certain public interest laws, such as anti-discrimination laws, in which case you have the right to make a legal claim.
You have the right to file a legal claim in the following circumstances
- Protected classes in New York. According to human rights law, title 8:
You cannot be discriminated against based on race, religion or creed, color, age, national origin, status of citizenship, gender, sexual identity, disability, pregnancy, marital status or association. In addition there is protection for people who have a record of arrest or conviction; categories of victims of domestic abuse, stalking, or sexual crimes; and for people who are unemployed or have bad credit.
- Complainant: This category protects society in general by protecting you if you decide to denounce illegal activity that your employer is involved in. The policy is designed to encourage employees to do the right thing and have confidence that the law will back them up, making it more likely that illegal activity that could affect everyone gets reported.
- Awareness of rights granted under the law: Employees have the right to claim workers’ compensation benefits and to have 3 months of maternity leave after having a baby or adopting. You can’t be dismissed because your employer didn’t want you to assert these rights.
- Explicit or de facto contract: For certain positions, employers and employees sign contracts in which one of the clauses is the duration of employment and the reasons for which the contract can be rescinded. In other cases, employee manuals explain the procedure that must be followed before an employee can be dismissed. This is what is called a de facto contract. If an employer does not follow the written or de facto contract when he or she dismisses you, you have a legal claim.
The doctors and accident lawyers at Grupo MedLegal have over 30 years of experience practicing this branch of law. We have a strong legal presence in the Big Apple and due to high demand are available to take your call 24/7 at 1-800-838-3838. We offer our clients knowledge, availability, and understanding. A free consultation will help you determine if your rights as an employee have been violated. Based on the consultation we will explain your options and the best steps to take. We listen to your preferences and plan a legal strategy based on your objectives. Visit our web page for more information. We speak your language and understand your needs. Contact us right away if you have been released from your job. Time is not on your side!
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.