Fighting Back Against Wrongful Termination in NYC

Being fired is hard enough, but it can feel like a betrayal when it’s unjust. At the Rizzuto Injury Firm, we fight for employees wrongfully terminated under New York law. If you suspect your firing was illegal, don’t stay silent. Arm yourself with the facts so your rights and interests are protected.

This guide will walk you through everything you need to know—from key laws that protect you to the steps required to build a strong case. We’re here to help you stand up and fight back.

What Counts as Wrongful Termination in New York?

New York is an “at-will” employment state. That means an employer can fire an employee at any time, for almost any reason, or no reason at all. But that doesn’t mean every firing is legal. Some reasons are prohibited by law. You may have a wrongful termination claim if you were fired:

  • In violation of anti-discrimination laws
  • In retaliation for reporting illegal activity or harassment
  • For exercising your legal rights (e.g., medical leave, jury duty)

After Wrongful Termination, When Can You Sue for Discrimination?

You may have a case for discrimination if you were fired due to a protected characteristic, such as your:

  • Race
  • Age
  • Gender
  • Religion
  • Disability
  • Sexual orientation

If you were fired for any of these reasons, it’s not just wrong—it is illegal. Under the New York State Human Rights Law (Executive Law § 296), employers are strictly prohibited from terminating employees based on protected attributes. This law applies to most employers across New York and is a powerful protection for workers who have been treated unfairly. 

Discrimination doesn’t have to be blatant to be unlawful. Maybe your boss suddenly started criticizing your work after learning about your religious beliefs. Maybe younger employees were promoted when you were the most eligible candidate for advancement. These subtle patterns matter and could be the key to your case.

At the Rizzuto Injury Firm, we don’t let employers get away with discrimination. We investigate the facts, build compelling legal arguments, and fight to hold them accountable.

Fired in Retaliation: Protection for Whistleblowers

Were you fired after speaking up about unsafe conditions, illegal activity, or fraud at work? You may be protected under New York Labor Law § 740, the Whistleblower Law. This law shields employees who report unlawful practices or policies that substantially threaten public health or safety, even when a report is filed internally.

Retaliation can come in many forms: sudden termination, demotion, a hostile work environment, or other actions. If your employer punishes you for doing the right thing, the law is on your side—and so are we.

Under the expanded protections in New York’s updated whistleblower law, you don’t need to prove your employer broke the law—it must merely be established that you had a reasonable belief that illegal or dangerous activities were occurring. 

Fired on Paid Family Leave? That’s Illegal.

When an individual is fired while on Paid Family Leave, your employer may have violated the New York Paid Family Leave Law. Employees are entitled to job-protected leave for bonding with a new child, caring for a seriously ill family member, or supporting a loved one during military deployment.

Let’s be clear: It is illegal for your employer to fire, demote, or retaliate against you for taking legally protected family leave. You have the right to return to the same or a comparable position after your leave, with the same pay and benefits.

Unfortunately, not every employer plays by the rules. Some will try to cover it up as “downsizing” or “restructuring.” But if the timing doesn’t add up, or your leave seemed to trigger a change in how you were treated, you may have a strong claim. Our wrongful termination lawyers in New York can help you fight back. 

Disability Law and Wrongful Termination

In addition to New York’s state laws, federal protections may apply to your wrongful termination case. The Americans with Disabilities Act (ADA) protects qualified employees with disabilities from discrimination, including termination. If your employer violated these federal laws, you may be able to pursue a claim through the Equal Employment Opportunity Commission (EEOC)—often alongside your state case. Our firm can help you determine which laws apply and build a strategy that maximizes your legal protection.

Signs You Were Wrongfully Terminated

If you’re unsure whether your firing was illegal, look for these red flags:

  • You were fired soon after making a complaint or requesting leave
  • Others in similar positions were treated more favorably
  • Your employer suddenly began documenting minor mistakes
  • You were denied access to internal complaints or HR resources
  • You were threatened or intimidated and warned not to take legal action 

What to Do If You Think You’ve Been Wrongfully Terminated

Document Everything

Building a strong case starts with solid documentation. Save or record the following:

  • Termination letters or emails
  • Performance reviews
  • Internal complaints or HR reports
  • Witness statements
  • Pay stubs, schedules, and any related documentation

The more evidence that can be gathered, the stronger your case will be. Early intervention by our firm allows us to gather and preserve critical evidence to support your claim.

File a Complaint

Depending on the circumstances, you may need to file your claim with one or more agencies. An experienced wrongful termination attorney at the Rizzuto Injury Firm can help you determine which one applies.

  • New York State Division of Human Rights (NYSDHR): Handles state-level discrimination complaints.
  • Equal Employment Opportunity Commission (EEOC): For federal discrimination claims. You must file within 300 days.
  • New York Department of Labor or a civil court: For violations of labor laws.

We can guide you through each step, ensuring filing deadlines are met and your case is well-supported by evidence of wrongful termination.

What Damages Can You Recover in a Wrongful Termination Case?

If your claim is successful, you may be entitled to the following:

  • Back pay and lost benefits
  • Reinstatement to your old job (or front pay)
  • Emotional distress damages
  • Punitive damages (in some cases)
  • Attorney fees and legal costs

When to Hire an Attorney

If you’ve been wrongfully terminated, speak with our employment attorney immediately. Time limits apply, and employers often use intimidation or confusion to silence claims. A wrongful termination attorney with Rizzuto Injury Firm can:

  • Evaluate whether you have a valid claim
  • Handle agency filings or court pleadings
  • Negotiate a fair settlement or take your case to trial

The Rizzuto Injury Firm: We Fight For You

We don’t just dabble in employment law—we dominate. With decades of trial experience and a relentless pursuit of justice, we represent the wrongfully terminated with compassion, precision, and fire. Our legal team doesn’t back down. We fight smart and fight hard.

You have rights when you are wrongly terminated in New York and represent employees in this situation, vigorously protecting their rights and interests. Contact the Rizzuto Injury Firm today for a free consultation at 516-604-5496.

Let us help you turn your frustration into a legal victory.