Gregory Kirschenbaum is an associate at Phillips & Associates practicing in the field of employment discrimination. Mr. Kirschenbaum has been named a Rising Star by Super Lawyers, a rating service that identifies top attorneys in each practice area, on numerous occasions. Mr. Kirschenbaum recently answered the question of whether an individual can seek damages from New York City for wrongful termination for Super Lawyers.
Nature of Employment
Most people who work for New York City, Mr. Kirschenbaum clarified, are “at-will” employees. An employee is “at-will” if either the employee or the employer can terminate the relationship at any time, regardless of whether there is a valid reason for ending the relationship. Employees who work for the City of New York pursuant to a contract, however, cannot be terminated unless it is permissible under the provisions of the contract. Typically, the City must prove that you failed to comply with the terms of the contract in some way, or that the contractual period ended so the contract no longer applies.
Claims for Discrimination and Retaliation
Mr. Kirschenbaum noted that although employers can terminate at-will employees for almost any reason, they are prohibited from firing employees due to a discriminatory bias. Rather, numerous laws, including the New York City Human Rights Law, the New York State Human Rights Law, and Title VII of the Civil Rights Act of 1964, prohibit employers from terminating employees based on their membership in a protected class. The specific classes protected depend on the terms of the precise law in question, but each law prohibits termination based on a person’s age, race, religion, disability, or sex. Employees are also protected from retaliation from their employer for reporting illegal or unethical activity or filing a discrimination or harassment claim. Additionally, New York City employees who report illegal activity in the workplace may be afforded protection under the New York City Service Law.
Pursuing a Wrongful Termination Claim Against New York City
As Mr. Kirschenbaum warned, like other civil lawsuits, wrongful termination claims must be filed within the time frame set forth by the statute of limitations. The exact period within which a claim must be filed varies based on the claim asserted. However, if a person wishes to pursue a wrongful termination lawsuit against the City of New York, he or she must file a Notice of Claim within ninety days of his or her termination. After the Notice of Claim is filed, the lawsuit must be filed within one year and ninety days of the date the person was terminated. For certain agencies, however, the statutory deadline may be different.
Consult a Skilled New York Employment Discrimination Attorney Regarding your Wrongful Termination
If you were an employee of New York City and you were wrongfully terminated, you should consult a skilled New York employment discrimination attorney regarding your wrongful termination and what damages you may be able to recover. discuss your options for seeking compensation. Mr. Kirschenbaum and the capable employment discrimination attorneys of Phillips & Associates work diligently to develop compelling arguments in favor of your recovery. You can reach us at (212) 248-7431 or via the online form to set up a meeting to discuss your claims. We assist individuals in wrongful termination claims in New York City, Westchester, Nassau, and Suffolk Counties, and in New Jersey, and Pennsylvania.