Queens Wrongful Termination Lawyer

Losing a job is hard enough on its own. Losing it because your employer broke the law is something different entirely, and the consequences follow you in ways that go far beyond the last paycheck. A Queens wrongful termination lawyer can help you understand whether what happened to you crosses a legal line, and what your options are for holding your employer accountable. At Mark David Shirian P.C., that conversation starts with an honest assessment of the facts, not a promise of easy money or a guarantee no attorney can responsibly make.

New York is an at-will employment state, which means employers can let workers go for virtually any reason or no reason at all. But that principle has real limits. Firing someone because of their race, national origin, religion, sex, age, disability, or pregnancy is illegal under both federal and New York State law. So is retaliating against an employee who reported harassment, filed a workers’ compensation claim, took protected family leave, or refused to participate in illegal conduct. These protections apply to employees across Queens, from the distribution centers and warehouses near JFK to the hospitals, hotels, and small businesses that employ hundreds of thousands of borough residents.

If you were terminated under circumstances that felt wrong, or were given a reason that does not match what was actually going on, the law may give you a path forward. The challenge is that wrongful termination cases are rarely obvious from the outside. Employers seldom write “fired for complaining about discrimination” in a termination letter. Building a strong claim means pulling together documents, communications, timelines, and witness accounts that tell the real story. That is precisely the kind of detailed, strategic work that the attorneys at Mark David Shirian P.C. take on for their clients.

Types of Wrongful Termination Claims Queens Workers Encounter

• Discriminatory discharge: Termination driven by an employee’s membership in a protected class, including race, color, national origin, sex, religion, age, disability, or sexual orientation, is prohibited under Title VII of the Civil Rights Act, the New York State Human Rights Law, and the New York City Human Rights Law, which is notably broader than its state and federal counterparts.
• Retaliation for reporting misconduct: Employers cannot legally fire a worker for complaining about discrimination or harassment, participating in an investigation, reporting wage theft, or blowing the whistle on regulatory violations. Retaliation claims are among the most frequently filed wrongful termination claims in New York.
• Termination after requesting or taking FMLA leave: The Family and Medical Leave Act protects eligible employees who take leave for serious health conditions or family care responsibilities. Being fired shortly after returning from FMLA leave, or being denied reinstatement to an equivalent position, can form the basis of a claim.
• Firing in violation of an employment contract: Not all New York employees are purely at-will. If you signed an employment agreement or a union contract that specifies the grounds and process for termination, a dismissal that ignores those terms may constitute a breach of contract claim alongside or instead of a statutory claim.
• Termination connected to a workers’ compensation claim: New York law prohibits employers from retaliating against workers who file or intend to file a workers’ compensation claim. Terminations that follow workplace injury reports, especially those that come quickly after the injury occurs, warrant close examination.
• Constructive discharge: Sometimes employers do not technically fire a worker. Instead, they make the working environment so hostile or the conditions so untenable that the employee has no real choice but to resign. Courts treat these resignations as terminations for purposes of wrongful termination law when the conduct that caused them was unlawful.
• Pretextual terminations: Many wrongful termination cases hinge on pretext, meaning the reason the employer gives for the firing is not the real reason. Performance complaints that surfaced only after an employee filed a discrimination complaint, or “restructuring” that eliminates only certain workers, are patterns that attorneys look for when evaluating a claim.

What to Do When You Believe Your Termination Was Unlawful

The period immediately after a termination is critical, and the decisions you make in the first days and weeks can significantly shape the strength of any future claim. Start by preserving everything you have access to: emails, text messages, performance reviews, offer letters, handbooks, disciplinary records, and any communications that relate to the events leading up to your firing. Once you lose access to company systems, recovering those records becomes much harder. Save what you can before your employer access is cut off.

Write down a detailed account of what happened, including dates, names of supervisors and witnesses, specific statements that were made, and the sequence of events that preceded your termination. Memory fades quickly, and a contemporaneous written account is far more useful than a general recollection made months later. Note whether there were complaints you made, requests you filed, or events that happened shortly before the termination, because timing is one of the most important pieces of evidence in retaliation cases.

Depending on the nature of your claim, you may need to file a charge with a government agency before you can pursue a lawsuit. Federal discrimination claims typically require filing a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit in federal court. Under federal law, this charge generally must be filed within 300 days of the discriminatory act in a state like New York that has its own anti-discrimination agency, the New York State Division of Human Rights. Claims under the New York City Human Rights Law can be filed directly in state court or with the New York City Commission on Human Rights without necessarily going through the federal process first. Missing these deadlines can bar you from bringing a claim entirely, which is one of the most important reasons to speak with a wrongful termination attorney in Queens as soon as possible after a termination.

If your claim ends up in litigation, Queens-based cases are typically handled in Queens County Supreme Court, located at 88-11 Sutphin Boulevard in Jamaica, for state law claims. Federal employment claims are heard in the Eastern District of New York, which covers Queens and has a courthouse at 225 Cadman Plaza East in Brooklyn. An attorney familiar with both venues can advise you on which forum gives your particular case the best footing. Avoiding common mistakes, like signing a severance release without understanding what claims you are waiving, is something an attorney can help you navigate before it is too late.

How New York’s Broad Protections Affect Queens Termination Cases

New York City workers benefit from some of the strongest employment protections in the country, and understanding how they layer on top of federal law matters when evaluating a wrongful termination claim. The New York City Human Rights Law applies to employers with four or more employees and has been interpreted by courts to provide broader protections than Title VII. For example, the NYC law’s standard for what constitutes discrimination or harassment is more employee-friendly than the federal standard, which can be significant when building a case.

Queens is one of the most diverse counties in the United States, and with that diversity comes a wide range of national origin, language, and immigration-related employment disputes. Targeting a worker for termination because of their national origin, accent, or immigration status implicates multiple layers of protection under city, state, and federal law. Employers cannot use immigration status as a pretext for discrimination, and the New York City Human Rights Law specifically addresses this context.

For workers covered by collective bargaining agreements, the path to challenging a termination often runs through the union grievance process rather than directly to court. An attorney helping a Queens worker in this situation needs to understand the interplay between the contract arbitration process and any statutory claims that may run parallel to it. Some claims, like certain retaliation claims, may survive outside the collective bargaining framework even when the underlying termination dispute is subject to arbitration.

Damages available in a successful wrongful termination case can include back pay for wages lost from the time of termination through the resolution of the case, front pay reflecting future lost earnings, compensation for emotional distress, reinstatement to the position in some cases, and attorney’s fees under certain statutes. The New York City Human Rights Law’s fee-shifting provision is particularly significant because it allows prevailing plaintiffs to recover their legal fees from the employer, which changes the calculus for both sides in litigation.

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

Mark David Shirian P.C. was founded in 2016 with a specific focus on fighting for workers and individuals who have been wronged. Employment law is not a peripheral service offered alongside other practice areas, it is a core part of what this firm does. Attorneys Mark D. Shirian and Shawn D. Shirian bring direct, hands-on attention to each client’s case rather than passing matters off to support staff once a file is opened. The firm has recovered millions on behalf of its clients across employment and personal injury matters, and client reviews consistently highlight the firm’s attentiveness to case details, hard work, and genuine investment in outcomes.

What that means practically for someone who has been wrongfully terminated in Queens is that they will work with attorneys who take the time to understand what actually happened, not just whether there is a statutory checkbox that can be marked. Employment cases are often won or lost on nuance, on the difference between a pattern of conduct that reveals discriminatory intent and a series of events that looks problematic but lacks the evidentiary thread to support a claim. That kind of assessment requires attorneys who engage with the facts closely. The firm’s approach, described on its own website as assertive, dependable, creative, and honest, reflects the kind of representation that employment litigation actually demands.

Questions Employees in Queens Ask About Wrongful Termination

How do I know if my termination was actually wrongful?

Not every unfair termination is a wrongful one in the legal sense. New York’s at-will rule means employers have wide latitude to fire workers for reasons that may seem unjust. A termination becomes legally actionable when it violates a specific law, such as anti-discrimination statutes, retaliation protections, or the terms of an employment contract. An attorney can review the facts of your situation and tell you whether there is a viable legal claim worth pursuing.

What is the statute of limitations for a wrongful termination claim in New York?

It depends on which law your claim falls under. Federal discrimination claims filed through the EEOC generally require filing a charge within 300 days of the act in New York. Claims under the New York State Human Rights Law must typically be filed within three years. Claims under the New York City Human Rights Law also carry a three-year statute of limitations. Breach of contract claims follow a separate timeline. Because different claims have different deadlines, speaking with an attorney promptly after a termination is essential.

Can my employer fire me for complaining about a coworker’s behavior?

It depends on what the complaint was about. Complaining about a coworker’s personal habits or job performance is generally not legally protected. But complaining about conduct that constitutes harassment or discrimination based on a protected characteristic is a different matter. Those complaints are protected activity, and retaliating against an employee for making them is unlawful under both state and city law.

My employer said I was terminated for poor performance. Does that prevent me from filing a claim?

No. Employers regularly offer performance-based explanations for terminations that are actually motivated by something else. When the timing of a performance complaint coincides suspiciously with a discrimination complaint, a leave request, or a workers’ compensation filing, attorneys and courts look at whether that explanation holds up. Inconsistent enforcement of performance standards across employees, or performance issues raised for the first time right before a firing, are the kinds of circumstances that suggest pretext.

Do I have to accept a severance package my employer offers after termination?

No, and you should have an attorney review any severance agreement before signing it. Severance agreements routinely include releases of legal claims, meaning that by accepting the payment, you agree to waive your right to sue for wrongful termination or other employment claims. Once signed, that waiver is typically enforceable. An attorney can review the agreement, explain what you would be giving up, and in some cases negotiate better terms before you decide.

What if I was fired after telling my employer I was pregnant?

Pregnancy discrimination is prohibited under the federal Pregnancy Discrimination Act, the New York State Human Rights Law, and the New York City Human Rights Law. Being fired shortly after disclosing a pregnancy, especially without a documented history of performance problems, is a serious red flag. New York City’s protections also extend to pregnancy-related conditions and require employers to provide reasonable accommodations for pregnancy-related needs before resorting to termination.

Can my employer legally fire me for something I posted on social media?

This is a nuanced area. As a general rule, at-will employees can be fired for social media posts that employers find objectionable. However, there are important exceptions. New York Labor Law provides some protection for lawful activities employees engage in outside of work. Posts that constitute protected concerted activity under federal labor law, meaning posts where employees discuss wages or working conditions with other employees, may also be protected regardless of whether a union is involved. The facts of each situation matter significantly here.

What if I signed an arbitration agreement? Can I still pursue a wrongful termination claim?

Possibly, though the process will look different. Many New York employers require employees to sign arbitration agreements that channel employment disputes away from courts and into private arbitration. However, certain claims, including some sexual harassment claims under New York law, cannot be compelled to arbitration. Whether your specific claim can proceed in arbitration or court depends on the language of your agreement and the nature of your claim. An attorney can review your arbitration agreement and advise you on what options remain available.

If I am undocumented, do I still have protections against wrongful termination?

Yes. The New York City Human Rights Law and the New York State Human Rights Law protect employees regardless of immigration status. Federal anti-discrimination laws also cover undocumented workers. An employer cannot lawfully discriminate against or retaliate against a worker because of their national origin or immigration status, and being undocumented does not strip someone of the right to bring a discrimination or retaliation claim.

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

The timeline varies considerably based on the type of claim, the forum, whether the case settles before trial, and the complexity of the facts involved. Cases filed through the EEOC typically involve an investigation phase that can last several months before the agency issues a right to sue letter. State court litigation in Queens or federal litigation in the Eastern District of New York can take anywhere from one to three years or longer if the case goes all the way to trial. Many cases settle at various points during the process. An attorney can give you a more grounded sense of timeline once the facts of your specific situation are understood.

Serving Queens Wrongful Termination Clients Across the Borough and Beyond

Mark David Shirian P.C. represents workers throughout Queens and the surrounding boroughs and communities. This includes clients in Jamaica, Flushing, Astoria, Long Island City, Jackson Heights, Forest Hills, Elmhurst, Richmond Hill, Woodside, Sunnyside, Rego Park, Bayside, Whitestone, College Point, Douglaston, Little Neck, Ozone Park, South Ozone Park, Howard Beach, the Rockaways, Cambria Heights, and Springfield Gardens. The firm also handles wrongful termination cases for workers in Manhattan, Brooklyn, the Bronx, and Staten Island, as well as employees based in Nassau County, Suffolk County, and other parts of New York State who work for employers subject to New York law. Whether a client works for a large corporation, a local business, a hospital, a school, or a government agency, the firm’s employment law representation extends across the full range of workplaces that employ Queens residents.

Talk to a Queens Wrongful Termination Attorney About Your Situation

A job loss under unlawful circumstances is not something you have to accept without understanding what your rights actually are. A Queens wrongful termination attorney at Mark David Shirian P.C. can walk through what happened, identify whether you have a viable claim, and lay out a realistic picture of your options before you make any decisions. The consultation is confidential, and there is no obligation to move forward. Waiting too long, however, can mean missing filing deadlines that cannot be recovered. Reach out today to schedule your case evaluation with the firm’s employment law team.