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This can be done by direct evidence, such as statements or documents from the employer that show their discriminatory or retaliatory motive, or by circumstantial evidence, such as showing that the employer treated them differently from other employees who were not in their protected group or that the employer's reason ...
Most New York employees work ?at-will,? which means that their employer can terminate them for any reason or no reason at all. However, even ?at-will? employees cannot be dismissed for illegal reasons. Employees that are illegally discharged can file a suit against their employers for wrongful termination.
Examples of wrongful termination 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.
If your definition of winning is winning at trial, then you will probably lose. I've seen research suggesting that only 5-25% of employment cases are successful at trial. But if you define winning as obtaining money for your lawsuit, you have a good chance. Over 90% of these types of cases settle.
Wrongful termination occurs when an employer fires an employee for an illegal reason. In at-will employment states, like New York, employers cannot fire people for illegal reasons such as discrimination or retaliation.
In brief, §29(6) of the Workers' Compensation Law, and the sections incorporated therein, prohibit an injured employee from recovering against a negligent co-employee or employer.
Example: Your employer is not allowed to fire you because you have filed a workers' compensation claim. However, the Workers' Compensation Law does not require your employer to hold your job for you if you are not able to work because of an injury, and your employer needs to fill your position for business reasons.
The most common prohibited reasons are: discrimination on the basis of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability.