Wrongful Termination

Fired for an illegal reason? Wrongful termination gives you the right to fight back and seek justice.

Understanding what wrongful termination actually means:

Let’s be clear about something important: having a terrible boss doesn’t make your termination illegal. Unfair doesn’t automatically mean unlawful. Your boss can be rude, unreasonable, play favorites, micromanage, or make bad decisions, and as frustrating as that is, none of it violates the law.

While New York is an “at-will” employment state, meaning employers can generally fire employees for any reason or no reason, there are important exceptions. Wrongful termination occurs when you’re fired for an illegal reason that violates federal or state law. There’s a line between unjust treatment and illegal conduct, and that line matters.

Violations

What crosses the line into illegal termination:

The distinction matters. Your boss being difficult, making poor management decisions, or treating you unfairly isn’t illegal, unless the unfair treatment is because of your membership in a protected class, because you engaged in protected activity, or because it violates a specific law or contract.

discrimination

Based on protected characteristics (race, sex, age, disability, religion, national origin, hair, weight etc).

Retaliation

For complaining about discrimination, harassment, or other illegal conduct.

violation of public policy

Such as terminating your employment for serving on jury duty or penalizing you for refusing to engage in an illegal act.

breach of employment contract

Or termination that violates FMLA, ADA, or other specific employment laws.

Our PROCESS

How we determine if your termination was illegal:

Employers rarely admit the real reason for a termination when it’s illegal. Instead, they manufacture pretextual reasons, claim “poor performance” that isn’t documented, or simply say they’re “going in a different direction.” We investigate what really happened by examining timing, inconsistencies in the employer’s story, how similarly situated employees were treated, and documentary evidence.

Diagnostic Evaluation

We conduct an exhaustive review of all documentation, communications, and internal policies to identify leverage points,

Strategic Positioning

Development of a strong legal strategy to promote early settlement while preparing for trial.

Active Representation

Effective negotiation and, if needed, assertive litigation to achieve the best outcome and protect your reputation.

The system is complicated. The stakes are not.

A denied application, a stalled case, or a request for evidence can feel like the ground shifting under you. These aren’t just legal problems. They affect whether you can work, whether your family stays together, and whether the life you’ve built here continues.

Stillman Legal knows how to fight inside a system that wasn’t designed to make this easy. Lina has helped individuals and families navigate some of the hardest moments of their immigration journey, and she does it in your language.

Confidential. Multilingual available. No fee unless we win your case.

FAQ

Frequently Asked Questions

What is the difference between wrongful termination and at-will employment?

The primary difference between at-will employment and wrongful termination is legality. At-will employment allows employers to terminate an employment relationship at any time, without notice, and for almost any lawful reason, such as poor performance or company downsizing.

In contrast, wrongful termination occurs when a firing violates the law or a contractual agreement. Furthermore, wrongful termination involves illegal intent; an employee must demonstrate that the employer's decision to fire them was driven by unlawful motives, such as discrimination, a breach of contract, or retaliation for engaging in protected activities.

How can a wrongful termination lawyer help me if I was fired unfairly?

If you have a valid wrongful termination claim, an attorney can help by filing a lawsuit against your employer. Through this legal action, they can seek damages for losses such as lost wages and emotional distress. In certain cases, an attorney may also be able to help you get reinstated to your former position.

What constitutes wrongful termination under the law?

In law, wrongful termination (also called wrongful dismissal or wrongful discharge) occurs when an employer fires an employee for an illegal reason, or when the termination breaches a term of the employment contract, a statutory provision, or an employment law rule.

A termination may be considered wrongful if an employer fires you:

Due to discrimination.
In violation of a federal or state labor law.
Because you reported and refused to participate in harassment.
Because you reported and refused to conduct an illegal act or safety violation.
Without following their own established termination policies.

Can I be laid off for complaining about not being paid for overtime?

No. Employees who complain about wage theft, unpaid wages, or overtime violations are protected by law. If you were laid off or terminated simply for raising these financial concerns, it is considered retaliatory termination, and you have the right to take legal action.

What happens if I wasn't officially fired, but my employer made my work environment so miserable that I had to quit?

This is known as a "constructive discharge." If your employer intentionally made your working conditions so intolerable that a reasonable person would feel they had no choice but to resign, you may still have grounds for a wrongful termination claim, just as if you had been explicitly fired.

For general information only; not legal advice. This does not create an attorney-client relationship. Schedule a consultation for guidance on your situation.

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