Monday, May 12, 2014

Have You Been the Victim of a Wrongful Termination?



In New York, an employer may fire an employee for any reason or even no reason at all. This is the “at-will” employment relationship. Additionally, since employment is “at-will”, the employer is free to change the terms of the relationship without any notice. This means that the employer can potentially take away your paid time off, wages, or benefits. Similarly, you are also free to leave your job at any time. 

There are laws currently in place that guarantee protection for an employee. For instance, an employer cannot fire you for discriminatory reasons. These reasons include any of the following: race, sex, color, religion, age, disabilities, national origin, and veteran status. The New York State Division of Human Rights offers protection for any employee terminated as a result of discrimination. However, certain things do give an employer the right to terminate, namely stealing from the business, engaging in sexual harassment, excessive absences or lateness, physical violence or poor job performance. 

An employer is also unable to fire an employee for being a “whistleblower.” For example, if an employee notices wrongdoing in the workplace, the employer cannot use his or her job security as leverage for silence. This is known as retaliation and it is not allowed. 

            If you have been performing your job diligently and to the best of your abilities, yet feel that your job is on the line or that the employer is treating you unfairly, don’t handle this matter alone. It is incredibly important that you speak with a knowledgeable employment law attorney to review the facts and circumstances of your situation. Attorney Inna Fershteyn is an experienced employment law attorney and can assist you in protecting your rights and keeping your job. If there are any questions, feel free to contact her with the information below.

Law Office of Inna Fershteyn and Associates, P.C.
(718) 333-2394
www.BrooklynTrustAndWill.com
1517 Voorhies Avenue, Suite 4
Brooklyn, NY 11235



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