Brooklyn Wrongful Termination Lawyer

Losing a job is disorienting under any circumstances. Losing one because an employer decided to retaliate against you, discriminate against you, or punish you for exercising a legal right is something different entirely. A Brooklyn wrongful termination lawyer at Mark David Shirian P.C. works with employees who have been pushed out, fired, or constructively forced to resign in violation of state and federal law. New York offers some of the most employee-protective statutes in the country, and Brooklyn workers have legal options that many do not fully understand until they sit down with counsel.

New York is an at-will employment state, which means employers can end the employment relationship for almost any reason or no reason at all. The operative word is almost. When a termination is motivated by a protected characteristic, retaliatory intent, a breach of an employment contract, or a violation of public policy, the at-will doctrine does not shield the employer. The distinction between a lawful firing and a wrongful one often comes down to evidence, timing, and the specific facts surrounding the separation. That analysis is where legal representation genuinely matters.

Brooklyn’s workforce spans finance, healthcare, tech, education, construction, retail, and dozens of other industries. Wrongful termination claims arise across all of them, from employees at major corporate offices near Downtown Brooklyn to workers in warehouses off the Brooklyn-Queens Expressway and in hospitals throughout the borough. The industries differ. The underlying legal frameworks do not. What changes is how you build the case and who the liable parties are.

What Brooklyn Workers Face After an Unlawful Firing

New York law provides multiple overlapping frameworks that protect employees from unlawful termination. The New York State Human Rights Law, the New York City Human Rights Law, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act all create distinct claims. What makes New York City particularly significant for employees is that the New York City Human Rights Law is interpreted broadly by courts and provides protections that go further than state and federal equivalents in several respects.

Retaliation is one of the most common wrongful termination theories. An employer who fires a worker for reporting sexual harassment, filing a workers’ compensation claim, complaining about wage theft, blowing the whistle on illegal conduct, or taking protected leave under the Family and Medical Leave Act is exposing itself to serious liability. The connection between the protected activity and the termination is often the crux of the case. A two-week gap between a discrimination complaint and a firing is far more meaningful than a pure denial from a supervisor.

Constructive discharge is another situation the firm handles. When an employer makes working conditions so hostile, demeaning, or intolerable that a reasonable employee has no real choice but to resign, the law treats that resignation as a termination. This arises frequently in harassment cases where the employer failed to address ongoing misconduct and the employee eventually could not continue. The legal analysis treats these situations with the same seriousness as a direct firing because the employer’s conduct, not the employee’s choice, drove the outcome.

Common Wrongful Termination Claims We Handle for Brooklyn Employees

• Discrimination-Based Terminations: Firings motivated by race, national origin, sex, gender identity, sexual orientation, religion, age, disability, pregnancy, or other protected characteristics violate both city and state law. The New York City Human Rights Law covers employers with four or more employees and is one of the most protective municipal statutes in the country.
• Retaliation After a Workplace Complaint: Employees who report discrimination, harassment, or unsafe conditions to HR, management, or a government agency are legally protected from adverse action. A sudden performance review that never existed before, a shift to undesirable assignments, or termination shortly after a complaint are all potential indicators of retaliation.
• Whistleblower Terminations: New York Labor Law Section 740 and related statutes protect employees who report illegal conduct to supervisors or government bodies. Workers at Brooklyn hospitals, government contractors, financial institutions, and other regulated entities are particularly vulnerable to this form of retaliation.
• FMLA and Paid Leave Retaliation: New York Paid Family Leave and the federal FMLA protect qualifying employees who take time off for serious health conditions, childbirth, or family caregiving. Firing someone shortly after they request or return from such leave raises substantial legal concerns.
• Breach of Employment Contract: When a written contract, offer letter, or employee handbook creates enforceable promises about termination procedures or just cause requirements, a firing that violates those terms may give rise to a breach of contract claim separate from any discrimination theory.
• Wage Theft Retaliation: Workers who raise concerns about unpaid overtime, minimum wage violations, or tip theft are protected from retaliation under the New York Labor Law and the federal Fair Labor Standards Act. Termination in response to a wage complaint is among the more straightforward wrongful termination claims when the timing is documented.
• Termination During or After Workers’ Compensation: Firing an employee because they filed or intend to file a workers’ compensation claim is prohibited under New York law. This is especially relevant in Brooklyn’s construction, manufacturing, and logistics sectors where workplace injuries occur with some frequency.

What to Do After You Believe You Were Wrongfully Terminated in Brooklyn

The window to act matters significantly. Under federal law, employees generally must file a charge with the Equal Employment Opportunity Commission before they can sue an employer in federal court for discrimination-based claims. That charge must typically be filed within 300 days of the adverse employment action in New York. State and city law claims have their own timelines. Missing a filing deadline can permanently bar an otherwise valid claim, so early legal consultation is not optional if you believe your termination was unlawful.

Before consulting with an attorney, preserve everything you can access without violating your employer’s systems or policies. Personal emails, texts from supervisors, screenshots of relevant conversations sent to your personal devices, performance reviews, commendation letters, and any documents you received from HR are all potentially useful. What you cannot take are proprietary business documents or information you accessed only because of your job. Overreaching during document preservation can complicate your case and create counterclaims, so the distinction matters.

Write down a detailed timeline while your memory is fresh. Document who said what, when performance issues first appeared, whether anyone else was treated differently, and exactly what happened in the days and weeks before your termination. Employer narratives often shift over the course of litigation, and a contemporaneous account of events is more credible than recollections offered months later.

In New York, the state agency that handles discrimination complaints is the New York State Division of Human Rights. City-based complaints can also go through the New York City Commission on Human Rights. Both agencies have intake processes, and filing with one does not necessarily prevent you from pursuing claims through the other or through the EEOC, though the overlap requires careful navigation that an attorney can help coordinate. For Brooklyn employees, the relevant federal district court is the United States District Court for the Eastern District of New York, which sits in Downtown Brooklyn on Cadman Plaza East. State court claims would typically be brought in Kings County Supreme Court.

One of the most consequential mistakes Brooklyn employees make is signing a severance agreement too quickly. Employers sometimes offer severance on the condition of signing a broad release of all legal claims. Depending on your age and the circumstances, you may have a legally required review period before the release becomes effective. Signing before you understand what you are giving up, or before consulting with a wrongful termination attorney in Brooklyn, can eliminate claims that would have had real value.

Why Mark David Shirian P.C. Handles These Cases Differently

Mark David Shirian P.C. was founded in 2016 with a specific orientation toward helping people who have been wronged by employers, institutions, or other parties with significant resources. The firm’s employment practice is not an afterthought or a side service. It is one of the firm’s primary areas of focus, and attorneys Mark D. Shirian and Shawn D. Shirian have built the firm’s approach around the particular demands that employment litigation places on both counsel and client.

Employment cases are intensely factual. Employers almost never admit discriminatory or retaliatory intent in writing. The attorney’s job is to build a case from circumstantial evidence, documentation, comparator employees, inconsistencies in the employer’s stated rationale, and the sequence of events. The firm’s client reviews highlight close attention to detail and a willingness to fight hard for outcomes that are not always easy to achieve. Clients have described attorneys here as genuinely invested in the case, which is what this type of litigation requires. A wrongful termination attorney in Brooklyn who treats your case as one of hundreds to be processed is not equipped to win it.

The firm has recovered millions on behalf of clients across employment and personal injury matters, and it approaches each new case by carefully assessing the facts before committing to a strategy. That means taking the time to understand the full employment relationship, the history of any complaints or concerns, and what outcome the client is actually trying to reach. Some clients want significant financial compensation. Others want a record corrected or a pattern of employer conduct exposed. The strategy in each case follows from those goals, not from a generic formula.

Questions Brooklyn Employees Ask About Wrongful Termination

Does New York’s at-will employment rule mean my employer can fire me for any reason?

At-will employment means your employer generally does not need a reason to end your employment. But it does not mean every termination is lawful. Federal law, state law, and New York City law all carve out specific categories of conduct that cannot serve as the basis for a firing. If the reason behind your termination falls into one of those categories, the at-will doctrine does not protect the employer.

What is the difference between wrongful termination and being fired unfairly?

Unfair and unlawful are not the same thing. An employer can be harsh, arbitrary, or outright unreasonable without violating the law if no protected class or statutory right is implicated. Wrongful termination in the legal sense requires that the firing cross a specific legal line, such as discrimination based on a protected characteristic, retaliation for a protected activity, or breach of a contractual commitment.

How do I know if my termination was retaliatory?

Retaliation claims turn on a combination of timing, the employer’s stated reasons, inconsistencies between how you were treated and how others were treated, and whether the employer’s articulated justification holds up to scrutiny. If you engaged in a protected activity, such as filing a complaint, requesting accommodation, or taking protected leave, and the termination followed closely behind, that sequence is worth examining carefully with an attorney.

Can I file a wrongful termination claim if I resigned?

Yes, under certain circumstances. A constructive discharge claim allows you to treat a resignation as a termination when your employer made working conditions so hostile or intolerable that no reasonable person would have continued in that position. Courts evaluate these claims against an objective standard, not simply how the employee experienced the situation, so the specific facts matter considerably.

What damages can I recover in a wrongful termination case?

Available damages depend on the legal theory and the applicable statute, but typically include back pay from the date of termination through the resolution of the case, front pay representing future lost wages, compensation for emotional distress, and in some cases attorney’s fees. Under the New York City Human Rights Law, punitive damages may also be available in certain cases involving egregious employer conduct.

How does signing a non-disclosure agreement or severance release affect my ability to sue?

If you have already signed a valid release of claims in exchange for severance, your ability to bring a lawsuit may be severely limited or eliminated entirely. However, releases can sometimes be challenged if they were not knowing and voluntary, if required review periods were not observed, or if the release language does not specifically cover the claims you want to assert. This analysis requires reviewing the actual agreement with an attorney before drawing conclusions.

My employer gave a false reason for firing me. Is that enough to prove wrongful termination?

A false or pretextual reason for termination is strong evidence in a wrongful termination case, but it is generally not sufficient on its own. Courts require the employee to show both that the stated reason was false and that the actual reason was an unlawful one. Evidence of pretext clears one hurdle; evidence of discriminatory or retaliatory motive clears the second. Both are usually necessary for a successful claim.

I was fired after complaining about unpaid wages to the New York State Department of Labor. Does that count as retaliation?

Yes. Filing a wage complaint with the New York State Department of Labor or raising wage concerns internally with your employer are both protected activities under the New York Labor Law. A termination that followed such a complaint, particularly if the timing is close or if no legitimate reason for the firing existed beforehand, would be a significant indicator of unlawful retaliation.

What if I am undocumented? Can I still bring a wrongful termination claim in New York?

New York courts and agencies have recognized that immigration status generally does not eliminate employment law rights. The New York City Human Rights Law and the New York State Human Rights Law apply to employees regardless of immigration status. Concerns about immigration consequences are understandable, but they should be discussed directly with an attorney who can advise you on how to proceed in a way that accounts for your specific circumstances.

Does it matter which borough my employer’s main office is in if I work in Brooklyn?

Your work location and where the adverse employment action occurred are the more relevant factors for determining which courts and agencies have jurisdiction over your claim. If you worked primarily in Brooklyn, Kings County and the Eastern District of New York are likely the appropriate venues regardless of where your employer’s headquarters is located. The venue question is fact-specific and your attorney can assess it based on your particular employment arrangement.

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

Timeline varies considerably based on the forum chosen, the complexity of the facts, whether the parties reach a settlement, and the court’s docket. Administrative charges filed with the EEOC or state agencies typically involve months of investigation before a right-to-sue letter issues. Civil litigation through the courts often takes one to two years or longer from filing to resolution. Settlements can shorten that timeline substantially, but the decision to settle or proceed to trial depends on the specific dynamics of each case.

Serving Wrongful Termination Clients Across Brooklyn and the Surrounding Area

Mark David Shirian P.C. represents employees who have faced unlawful termination throughout Brooklyn and the greater New York metropolitan region. In Brooklyn specifically, the firm works with clients from neighborhoods including Park Slope, Crown Heights, Flatbush, Bay Ridge, Borough Park, Williamsburg, Greenpoint, Bushwick, Bed-Stuy, East New York, Sunset Park, Red Hook, DUMBO, Downtown Brooklyn, Carroll Gardens, Cobble Hill, and Fort Greene, among others. Workers from the Canarsie and Sheepshead Bay areas, as well as those living in Bensonhurst, Brighton Beach, and Coney Island, have access to the same legal representation regardless of where in the borough they are located.

The firm also represents clients from across New York City, including Manhattan, Queens, the Bronx, and Staten Island, as well as employees in Nassau County, Suffolk County, Westchester County, and other areas of New York State. Many Brooklyn employees work for employers with offices in Manhattan or in other boroughs, and those cross-borough employment relationships present the same legal issues that a purely borough-based employment does. The location of the employer’s office does not limit which employees the firm can help.

Talk to a Brooklyn Wrongful Termination Attorney at Mark David Shirian P.C.

If you believe your employer terminated you in violation of the law, the period immediately after separation is when the most consequential decisions get made. Whether to sign a severance agreement, whether to file an agency charge, and how to preserve your evidence are all issues that benefit from legal guidance before you act. A Brooklyn wrongful termination attorney at Mark David Shirian P.C. can evaluate your situation, identify which legal theories apply, and advise you on what to do next based on the specific facts of your case.

Mark David Shirian P.C. offers confidential case evaluations for employees in Brooklyn and throughout New York. Attorneys Mark D. Shirian and Shawn D. Shirian handle employment cases with the same attention and commitment they bring to every matter this firm takes on. Contact the firm today to schedule your evaluation and speak directly with someone who can assess whether you have a case worth pursuing.