Bronx employment law attorneyA Bronx employment law attorney talks about wrongful discharge claims.
One of the most unnerving experiences for an employee is to be fired without cause. As your Bronx employment law lawyer will explain, whether you have a claim against your employer for wrongful termination depends on several factors.
At-Will Employment
Your Bronx employment law attorney will begin the discussion with you by explaining New York law generally holds that employment is “at will.” This means your employer can terminate you at any time without cause. Of course, under the same rule, you can also leave your employment at any time. However, your Bronx employment law attorney will emphasize that there are some situations when employers cannot freely discharge an employee.
One form of wrongful termination is retaliation. Your Bronx employment law attorney defines retaliation as any action against you because you exercised your rights under the labor laws. When evaluating your case, your Bronx employment law attorney will attempt to determine if your termination was retaliatory.
Following Procedures
Your Bronx employment law attorney also will ask whether your employer followed its own procedures. Your employer can be found to have wrongfully terminated you if your employer promised you when you were hired that you would only be fired for cause. Similarly, if your employer has an employee handbook that describes specific steps the employer will take before terminating an employee, your employer can be required to take those steps before firing you.
Another basis for wrongful termination your Bronx employment law attorney will explore is whether your employer was trying to avoid paying compensation you are owed. For example, you can be found to have been wrongfully terminated if your employer was attempting to get out of paying you commissions for sales based on your efforts while you were employed.
Bronx employment law lawyer Delmas Costin, Jr. can help you evaluate your claim and understand your rights. Call him at 718-618-0589 to arrange for a consultation.