Florida and New York Wrongful Termination

Wrongful Termination

Every day employees are fired and laid off from their jobs, but not all these firings are illegal under the law. Additionally, being considered an employee “at will” does not stop a firing from being unlawful. Determining whether you are the victim of illegal wrongful termination and have the right to some type of compensation depends on the reasons for the termination, even if it is not the stated reason for your termination.

What is wrongful termination?

Wrongful termination, wrongful discharge, unlawful termination, and unfair dismissal are all terms for the same event, an illegal termination under the law. Employees in most states—such as New York and Florida—are considered “at will” if they do not have a specific contract setting out the terms of their employment.  Being an employee “at will”  means the employer can remove the employee from employment at any time for any reason… so long it is not for an illegal reason.

In an “at will” jurisdiction, there are many situations where a termination will be considered “wrongful.”

Examples of Wrongful Discharge:

The first example of a “wrongful discharge” is when an employer fires an employee because of the employee’s protected status, such as race, color, sex, religion, national origin, etc.  This type of wrongful discharge falls under the federal or local anti-discrimination laws.

The second example of a “wrongful discharge” is when the employer fires an employee in violation of an employment contract.  This type of wrongful termination falls under contract law and is usually governed by the terms of the employment contract and the applicable state law.

What Should I Do If I Have Been Wrongfully Terminated?

If you worked in New York or Florida and you’ve been fired and think your termination might be illegal, contact a local wrongful termination attorney for an evaluation of your specific situation. During an initial consultation, we can evaluate whether you may have a wrongful discharge claim, identify what laws may have been violated, and advise you how to pursue your claim, and discuss options for legal representation. Depending on your circumstances, you may be entitled to significant compensation and other resolutions to the case, that do not necessarily require filing your case in court.

Contact our experienced wrongful termination lawyers of O’Connell Law, PLLC in New York City and Miami, Florida for a FREE consultation.

Do not be afraid to stand up for your rights. Do not let your horrible boss or neglectful company back you into a corner. Contact the wrongful termination attorneys of O’Connell Law, PLLC today to learn more about your rights in the workplace and to see if your case qualifies as a FREE initial consultation. 

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• New York Office: (908)274-1807 - 305 Broadway, Suite 711, New York, NY 10007
• Email Our Intake Team: Office@KellyOconnellLaw.com

Written by Kelly O’Connell, the founding partner of O’Connell Law, PLLC. Ms. O’Connell focuses her practice on employment law and discrimination litigation in New York and Florida. With over 12 years of legal experience, she has helped her clients recover millions.

Please Note: At the time this article was written, the information was based on the prevailing law at the time. Laws and precedents are subject to change, so this information may not be up to date. This information is not legal advice. Always speak with a law firm regarding any legal situation to get the most current information that fits your unique facts.