New York City Wrongful Termination Lawyer

Losing a job is disruptive enough on its own. Losing it because an employer retaliated against you, discriminated against you, or violated a contract is something different entirely. New York City workers have some of the strongest employment protections in the country, but those protections only mean something if someone is willing to enforce them. A New York City wrongful termination lawyer at Mark David Shirian P.C. works with employees across all five boroughs who have been pushed out of their jobs unlawfully and need real representation to pursue what they are owed.

New York operates under at-will employment, which means most employers can terminate a worker without giving a reason. That principle, however, has significant limits. When a firing is motivated by a protected characteristic, retaliatory purpose, or a breach of a written or implied agreement, it crosses the line from lawful to wrongful. The challenge is that employers rarely announce those motivations. The case gets built from documentation, patterns, timing, and context. That is where legal representation matters.

Workers in New York City face these situations across every industry. Finance professionals pushed out after raising compliance concerns, hospitality workers fired after a workplace injury claim, healthcare employees terminated following a discrimination complaint, retail and warehouse workers let go the week after requesting medical leave. The circumstances differ, but the legal questions are often the same: was this firing actually what the employer claims it was?

What Makes a Termination Wrongful Under New York Law

The term “wrongful termination” does not have a single statutory definition. It describes a range of situations where a firing violates a specific legal protection. Understanding which laws apply to a given situation is the starting point for evaluating any claim.

New York City employment law draws from multiple overlapping sources: federal statutes like Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act; New York State Human Rights Law; and the New York City Human Rights Law, which is widely regarded as the most expansive anti-discrimination statute in the United States. The City Human Rights Law sets lower thresholds for proving discrimination and covers a broader range of protected categories than its state and federal counterparts. That distinction matters enormously when evaluating whether a claim is viable.

Retaliation is one of the most common bases for wrongful termination claims. An employer cannot lawfully fire someone for complaining about harassment, reporting wage theft, requesting accommodation for a disability, filing a workers’ compensation claim, or participating in a coworker’s discrimination investigation. When the termination follows close in time to one of these protected activities, the causal connection can be strong even without a written admission from the employer.

Contract-based claims arise when an employer violated a written employment agreement, an employee handbook that contained specific termination procedures, or implied promises made during hiring or performance reviews. Union workers operate under collective bargaining agreements that typically require just cause for termination. A New York City wrongful termination attorney can review these documents to identify whether the employer’s conduct was consistent with the obligations it took on.

Common Wrongful Termination Situations Handled at Mark David Shirian P.C.

• Discrimination-based termination: Firings motivated by race, national origin, religion, sex, pregnancy, sexual orientation, gender identity, age, disability, or other protected characteristics violate both the New York City Human Rights Law and applicable federal statutes. The NYC Human Rights Law covers employers with as few as four employees for many protected categories.
• Retaliation after a workplace complaint: Employees who report harassment, file internal HR complaints, or contact the Equal Employment Opportunity Commission or New York State Division of Human Rights are protected from adverse employment actions, including termination, demotion, and reduced hours.
• Whistleblower termination: New York Labor Law and other statutes protect employees who report illegal activity, health and safety violations, or financial fraud by their employer. Being fired for raising these concerns may support both a wrongful termination claim and a whistleblower retaliation claim.
• Termination after a workers’ compensation claim: New York Workers’ Compensation Law prohibits employers from retaliating against employees who file or plan to file a workers’ compensation claim. A firing that closely follows a workplace injury report is a factual pattern that warrants close examination.
• Medical leave retaliation: Employees covered by the Family and Medical Leave Act or New York’s Paid Family Leave law who are terminated for taking qualifying leave, or whose positions are not restored upon return, may have viable claims against their former employer.
• Breach of employment contract: When an employer terminates an employee in violation of a signed agreement, an offer letter with specific terms, or a union collective bargaining agreement, the employee may pursue breach of contract damages in addition to or instead of discrimination claims.
• Constructive dismissal: Not every wrongful termination involves a formal firing. When an employer makes working conditions so intolerable that a reasonable person has no option but to resign, that resignation may be treated legally as a termination. This often arises in sustained harassment situations where the employer ignored repeated complaints.

Why Mark David Shirian P.C. Handles Wrongful Termination Cases Differently

Mark David Shirian P.C. was founded in 2016 with a specific commitment to employees and individuals who have been wronged. Employment law is a core focus of the firm, not a secondary practice area. Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian bring a litigation-oriented mindset to these cases, understanding that an employer’s legal team will be well-resourced and aggressive in defending against claims.

The firm has recovered millions on behalf of clients across employment and personal injury matters. Client reviews consistently highlight the firm’s attentiveness to detail, the responsiveness of the attorneys, and the feeling that their situation was handled as the serious matter it is. One client noted that Attorney Shirian “works hard to get the outcome that we both were looking for” and that he “pays close attention to details that are important for your case.” In wrongful termination cases, those details matter. An overlooked email, a discrepancy in stated reasoning, or a pattern of treatment toward similarly situated employees can shift an entire case.

Before taking any strategic steps, the firm assesses each client’s situation carefully and takes the time to understand what outcome the client is actually trying to achieve. Some clients want financial recovery. Others want their record cleared or a reference letter restored. Understanding those goals shapes how the case is approached from the beginning, not as an afterthought after litigation has already started.

What to Do After a Wrongful Termination in New York City

The steps taken in the days and weeks after a termination can significantly affect the strength of any future claim. One of the most important things to understand is that wrongful termination claims in New York are subject to strict deadlines. Claims filed under the New York City Human Rights Law must generally be brought within three years of the discriminatory act, but federal EEOC charges typically carry a 300-day filing deadline from the adverse action. Missing the federal deadline can close off federal claims permanently. Consulting a wrongful termination attorney in New York City early preserves all available options.

Before leaving the workplace, gather what you are legally permitted to take: copies of performance reviews, offer letters, employment agreements, relevant emails in accounts you own, and notes about conversations or incidents that relate to the termination. Do not access company systems without authorization, but do not assume you have no right to records that pertain to your own employment. If you receive a severance agreement, do not sign anything until you have had an attorney review it. Severance agreements almost always include a release of claims, and once signed, those claims are typically gone.

Document everything you remember about the circumstances of your termination while it is fresh. Who was in the room? What reason was given? Had you recently filed a complaint, reported a concern, or taken protected leave? Were other employees treated differently? This type of contemporaneous documentation becomes valuable evidence.

Wrongful termination claims in New York City may be filed with the New York State Division of Human Rights, located at 163 West 125th Street in Manhattan, or the New York City Commission on Human Rights. Federal discrimination claims typically require an EEOC charge before a federal lawsuit can proceed, and the EEOC’s New York District Office handles charges filed by workers in the metro area. An employment law attorney can advise on which avenue best fits the specific facts and goals of the case.

Many workers make the mistake of waiting to see whether the situation resolves on its own, or assuming that an internal appeal will lead somewhere. Employers rarely reverse termination decisions without external legal pressure. The time spent waiting is often time that erodes the evidence base and narrows the legal options available.

Questions About New York City Wrongful Termination Claims

Can my employer fire me without giving a reason in New York?

Generally, yes. New York is an at-will employment state, which means an employer is not legally required to provide a reason for termination in most situations. The at-will rule, however, does not protect terminations that violate anti-discrimination laws, breach a contract, or retaliate against protected activity. The absence of a stated reason can itself raise questions when the context suggests an unlawful motive.

What compensation can I recover in a wrongful termination case?

Damages vary depending on the legal theory and applicable statute. Common categories of recovery include back pay from the date of termination, front pay for projected future earnings lost, compensation for emotional distress, and in some cases punitive damages and attorney’s fees. Under the New York City Human Rights Law, the damages available tend to be broader than under federal law, including uncapped compensatory damages in many circumstances.

How long does a wrongful termination case take in New York?

There is no fixed timeline. Some cases resolve through a negotiated settlement within months of filing, particularly when the evidence is strong and the employer has an incentive to avoid litigation. Cases that proceed through discovery and trial in the Southern District of New York or the Eastern District of New York can take considerably longer. State court litigation timelines in New York Supreme Court, which handles these cases in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, vary depending on court docket conditions.

Do I need to file an EEOC charge before suing my employer for wrongful termination?

For federal claims under Title VII, the ADA, or the ADEA, yes. You are generally required to exhaust administrative remedies by filing with the EEOC before bringing a federal lawsuit. For claims brought exclusively under the New York City Human Rights Law or New York State Human Rights Law in state court, this requirement does not apply in the same way, which is one reason some attorneys prefer the state law avenue for NYC clients.

My employer claims I was fired for performance. Can I still have a wrongful termination claim?

Yes. Stated reasons and actual reasons are not always the same thing. Employers often assert a performance justification as a pretext for what was actually discrimination or retaliation. One way to challenge this is through comparator evidence: showing that similarly situated employees who did not engage in protected activity or do not share the plaintiff’s protected characteristics were not terminated for comparable conduct. Inconsistencies in documentation, shifting explanations, and suspicious timing all contribute to a pretext argument.

I was asked to sign a severance agreement after my termination. Should I?

Not without legal review. Severance agreements are presented as a benefit, but they are also a legal release. By signing, you typically agree to waive all claims against the employer in exchange for the severance payment. Once signed and the revocation period has passed, those claims cannot be pursued. An attorney can evaluate whether the severance amount is reasonable given the strength of potential claims, and may be able to negotiate more favorable terms before you sign.

Can a single harassing incident support a wrongful termination claim if I was fired for complaining about it?

The strength of a retaliation claim does not depend on whether the underlying harassment would itself be actionable. What matters for the retaliation claim is whether you engaged in protected activity, such as opposing conduct you reasonably believed to be discriminatory or unlawful, and whether your termination followed that protected activity. Courts look at the causal connection between the complaint and the adverse action, not just the severity of the underlying incident.

What if I was a contractor, not a full-time employee?

The classification matters, but it is not always the final word. Some workers who are classified as independent contractors are, under the applicable legal tests, actually employees for purposes of anti-discrimination or labor law. New York courts and administrative agencies apply multi-factor tests to determine the true nature of a working relationship. If your employer exercised substantial control over how you performed your work, the contractor label may not insulate them from liability.

Does it matter which borough I worked in for purposes of filing a wrongful termination claim?

The New York City Human Rights Law applies citywide, covering workers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island equally. The appropriate court or agency venue may vary depending on where the employer is located and which forum you are filing in, but the substantive legal protections are the same across the five boroughs. Workers at employers located in Nassau County, Westchester County, or other surrounding areas may be covered under New York State Human Rights Law and applicable federal statutes even if they are not within city limits.

Can I file a wrongful termination claim if I am undocumented?

Yes. New York State and City anti-discrimination and labor laws apply to workers regardless of immigration status. The New York City Human Rights Law explicitly extends protections to undocumented individuals. While there may be practical considerations that affect the remedies available, immigration status does not eliminate the ability to file a claim.

Serving Wrongful Termination Clients Across New York City and the Surrounding Region

Mark David Shirian P.C. represents workers who have faced unlawful terminations throughout New York City and New York State. In Manhattan, the firm works with clients from Midtown and the Financial District through the Upper West Side, Harlem, Washington Heights, and lower Manhattan neighborhoods including Tribeca and SoHo. Brooklyn clients come to the firm from Downtown Brooklyn, Park Slope, Flatbush, Crown Heights, Bushwick, Bed-Stuy, and Sunset Park, among other communities. In Queens, the firm represents workers from Astoria, Jackson Heights, Flushing, Jamaica, Long Island City, and Woodside. The Bronx service area includes Fordham, Mott Haven, Pelham Bay, and the Grand Concourse corridor. Staten Island clients from St. George, Bay Ridge, and the North Shore are also served.

Beyond the city itself, the firm serves employees in communities throughout the New York metropolitan region, including Yonkers, Mount Vernon, New Rochelle, and White Plains in Westchester County, as well as workers in Nassau County communities like Hempstead, Garden City, and Long Beach. Workers throughout New York State who are dealing with employment law matters are encouraged to reach out for a case evaluation.

Talk to a New York City Wrongful Termination Attorney at Mark David Shirian P.C.

If your employment ended under circumstances that feel wrong, a New York City wrongful termination attorney at this firm can help you assess whether the law was violated and what options you have. The evaluation process is confidential and does not create an attorney-client relationship until you decide to move forward. Employment claims have strict filing deadlines, and waiting does not make the situation better. Mark David Shirian P.C. takes wrongful termination cases seriously, and that starts with actually listening to what happened and giving an honest assessment of where things stand.

Contact Mark David Shirian P.C. today to schedule your confidential case evaluation. The firm serves workers throughout New York City and New York State who need a wrongful termination attorney ready to engage with the specifics of their situation and fight for a real outcome.