Manhattan Wrongful Termination Lawyer

Losing a job is difficult under any circumstances. Losing it because an employer violated the law is something else entirely. New York workers in Manhattan face this reality more often than many realize, and the consequences, lost income, disrupted careers, health insurance gaps, and the psychological toll of being pushed out, can be devastating and lasting. A Manhattan wrongful termination lawyer at Mark David Shirian P.C. works with employees who have been fired in violation of state or federal law and helps them pursue the accountability and compensation they are owed.

New York is an at-will employment state, meaning employers can generally end a working relationship without explanation. But at-will is not without-limit. Firing someone because of their race, national origin, gender, disability, age, religion, or sexual orientation is illegal. So is firing someone because they reported harassment, filed a workers’ compensation claim, blew the whistle on fraud, or exercised a protected legal right. The line between a lawful termination and an unlawful one is often drawn through context, timing, documentation, and the conduct of the employer in the months leading up to the firing.

Manhattan is home to some of the largest employers in the country, across finance, media, tech, healthcare, law, real estate, and hospitality. The city’s employment relationships are governed by a layered set of protections that include the New York State Human Rights Law, the New York City Human Rights Law, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and several other federal and state statutes. The New York City Human Rights Law, in particular, is among the broadest anti-discrimination laws in the United States, providing protections that exceed federal standards in meaningful ways.

What Mark David Shirian P.C. Brings to Your Wrongful Termination Claim

Mark David Shirian P.C. was founded in 2016 with a specific focus on employment law, among other practice areas. The firm’s founding attorney, Mark D. Shirian, built this practice around representing people who have been wronged by their employers, including those who were unlawfully fired. Employment litigation is not a secondary focus here. It is central to what the firm does.

The firm has recovered millions on behalf of clients across its practice areas, and clients who have worked with Attorney Mark D. Shirian have consistently highlighted his attention to detail, his determination to achieve favorable outcomes, and his genuine care for the people he represents. One client noted that he “worked very hard to get the outcome that we both were looking for.” Another described him as an attorney who “goes above and beyond” and “pays close attention to details that are important for your case.” A third called him “very compassionate and hard-working” and noted that he “fights hard” and keeps clients informed throughout the process.

That level of engagement matters in wrongful termination cases, which are often won or lost on detailed documentation, witness testimony, and precise reconstruction of the events leading to a firing. Senior Associate Shawn D. Shirian works alongside Mark D. Shirian, providing clients with a two-attorney team rather than a single overworked lawyer. The firm operates with the strategic depth of a litigation practice while maintaining the direct, personal communication that clients in employment disputes genuinely need.

Unlawful Termination Scenarios the Firm Handles

• Discriminatory Discharge: Terminations based on race, color, sex, national origin, religion, disability, age, pregnancy, sexual orientation, gender identity, or another protected characteristic violate state, city, and federal anti-discrimination laws, and New York City’s Human Rights Law extends protections to additional categories beyond federal coverage.
• Retaliation After Reporting Misconduct: Employees who report discrimination, harassment, or workplace safety violations to HR, management, or government agencies are protected from retaliation. Being fired shortly after making such a report is one of the most common fact patterns in wrongful termination claims.
• Whistleblower Retaliation: New York Labor Law and federal statutes protect employees who report illegal conduct by employers, including financial fraud, regulatory violations, environmental violations, and other unlawful business practices. Terminating someone for raising these issues creates significant legal exposure for employers.
• Firing After a Workers’ Compensation Claim: An employer who terminates or threatens an employee for filing a workers’ compensation claim is engaging in retaliatory discharge, which is prohibited under New York law.
• Violation of an Employment Contract: Some employees have written contracts that limit when or how they can be terminated. Firing someone in breach of those contractual terms, without cause when cause is required, or without following the agreed-upon process, gives rise to a breach of contract claim independent of any discrimination theory.
• Constructive Discharge: Not every wrongful termination involves a formal firing. When an employer makes working conditions so intolerable, through escalating harassment, demotions, salary cuts, or exclusion, that a reasonable employee would feel compelled to resign, that resignation may be treated as a termination under the law.
• FMLA and Medical Leave Interference: Employees who take or request leave under the Family and Medical Leave Act, or under New York’s Paid Family Leave law, are protected from adverse employment actions, including termination, for doing so.

If You Were Just Fired: What the Next Weeks Look Like Practically

The first thing to understand is that New York has a statute of limitations for employment discrimination and wrongful termination claims, and it varies depending on which law applies and which forum you pursue. Claims filed with the New York State Division of Human Rights or the Equal Employment Opportunity Commission have their own deadlines, some as short as 180 or 300 days from the discriminatory act. Claims brought under the New York City Human Rights Law filed directly in court generally allow more time, but that time still moves. Speaking with a wrongful termination attorney in Manhattan quickly is not about urgency for its own sake. It is about preserving your options.

Before your first meeting with an attorney, gather what you can. Save all written communications with your employer, including emails, text messages, performance reviews, warning letters, and anything related to the termination itself. If you were given a written reason for the termination, keep it. If the stated reason does not match your actual performance record or employment history, that gap matters legally. Write down a timeline of events while your memory is clear, including any complaints you made, any incidents of discrimination or harassment you experienced, and the names of colleagues who witnessed relevant events.

Employment discrimination and wrongful termination claims in New York can be filed with the EEOC, located in New York City at 33 Whitehall Street, or with the New York State Division of Human Rights, which has offices in Manhattan at 163 West 125th Street. These administrative filings are required prerequisites to certain federal lawsuits. However, claims brought under the New York City Human Rights Law can often be filed directly in New York Supreme Court, New York County, without going through an administrative agency first. Understanding which path makes sense for your situation is one of the first things an employment attorney will analyze.

Do not sign any severance agreement or release without having it reviewed by counsel. Severance agreements almost always include a release of all claims against the employer, including discrimination and wrongful termination claims. Once signed, those rights are typically gone. An attorney can assess whether the offered severance is reasonable given your potential claims or whether it is worth negotiating for more before any waiver is signed.

How New York Measures Damages in a Wrongful Termination Case

The compensation available in a wrongful termination case depends on the legal theory, the forum, and the facts. In general, damages can include back pay, which covers the wages and benefits you lost from the date of termination to the resolution of the case. Front pay addresses future lost earnings when reinstatement is not a realistic or appropriate remedy. Emotional distress damages are available under both the New York State Human Rights Law and the New York City Human Rights Law, and the city law in particular has no statutory cap on such damages, which can make it a more favorable forum for employees in serious cases.

Punitive damages, which are intended to punish an employer for particularly egregious conduct rather than simply compensate the employee, are available in certain circumstances under federal law and under the New York City Human Rights Law. Attorney’s fees can also be recovered in successful discrimination cases under several of the applicable statutes, which means that pursuing a meritorious claim does not necessarily require a large out-of-pocket investment on the employee’s part. Mark David Shirian P.C. evaluates these questions during the initial case assessment, so prospective clients understand the realistic scope of what recovery might look like before committing to anything.

Reinstatement, meaning a court order requiring the employer to return the employee to their position, is also a possible remedy but one that is less common in practice. Most resolved claims result in financial compensation rather than a return to employment, particularly when the working relationship has deteriorated to the point where a lawsuit became necessary.

Questions Employees Ask About Wrongful Termination in New York

Does being an at-will employee mean I cannot sue for wrongful termination?

No. At-will employment means your employer can terminate you without stating a reason, but it does not mean your employer can fire you for an illegal reason. If the reason for your termination, even if unstated, was your race, sex, disability, or another protected characteristic, or if you were fired for engaging in a legally protected activity, you may have a valid claim regardless of your at-will status.

My employer said I was fired for performance reasons, but I believe it was retaliation. What can I do?

Employers rarely state an unlawful motive when firing someone. They typically offer a neutral or performance-based explanation. The question is whether that explanation is pretextual, meaning whether it was manufactured to cover an unlawful reason. Evidence of pretext often includes the timing of the termination relative to a protected activity, inconsistencies in how similarly situated employees were treated, positive performance reviews that contradict the stated reason, or documented hostility from a supervisor following a complaint.

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

It varies considerably. Cases that settle during or after the administrative process with the EEOC or NYSDHR may resolve in a year or less. Cases that proceed to litigation in federal or state court can take two to four years or longer, depending on the complexity of the facts, the volume of discovery, and court docket conditions in New York County or the relevant federal district. An attorney can give you a more realistic projection once the facts of your specific situation are understood.

What if I signed an arbitration agreement with my employer?

Many Manhattan employers require employees to sign arbitration agreements that waive their right to sue in court and require disputes to be resolved through private arbitration. New York law has placed some limits on the enforceability of arbitration clauses in sexual harassment cases specifically, and there are ongoing legislative developments in this area. Whether your arbitration agreement affects your ability to pursue a claim, and in what forum, is one of the first issues a wrongful termination attorney will examine.

Can I file a wrongful termination claim if I was an independent contractor rather than an employee?

It depends on how your working relationship was actually structured. Some workers classified as independent contractors are legally considered employees under New York law based on the degree of control the employer exercises over the work. Misclassification is common and does not automatically strip someone of employment law protections. An attorney can assess whether your classification was accurate and whether you may have grounds for a claim despite being labeled a contractor.

I work for a small company with fewer than 15 employees. Do federal discrimination laws still apply?

Federal laws like Title VII and the ADA apply to employers with 15 or more employees. However, the New York City Human Rights Law covers employers with four or more employees, and some provisions apply even to smaller employers. New York State Human Rights Law thresholds also differ from federal ones. So even if your employer is too small to be covered by federal law, you may still have viable claims under state or city law.

My manager made discriminatory comments over a period of months before I was fired. Is that relevant?

Extremely relevant. A pattern of discriminatory comments leading up to a termination is among the strongest evidence that the termination itself was motivated by discriminatory animus. Document those comments as specifically as possible, including the date, what was said, who was present, and any HR reports you made. This history often forms the backbone of a discrimination case.

What happens if I was offered a severance in exchange for signing a release of claims?

Do not sign it without legal review. A severance agreement that includes a release of claims is a waiver of your right to sue, including for any discrimination or retaliation that contributed to your termination. Employers sometimes offer severance precisely because they know the termination was legally risky for them. An employment attorney can evaluate the strength of your potential claim against the value being offered in the severance package and advise whether negotiating for more makes sense before you give up your rights.

Can I be fired for complaining about my own pay relative to colleagues of a different gender?

Retaliation for raising pay equity concerns is prohibited under both federal and New York law. The Equal Pay Act, Title VII, and the New York Labor Law all provide protections for employees who inquire about, discuss, or disclose their wages or those of colleagues in connection with a pay equity complaint. A termination following such a complaint is a textbook retaliation scenario.

Does my employer’s size or industry affect the strength of my wrongful termination claim?

In terms of legal liability, the protections apply broadly regardless of industry. However, the practical dynamics differ. Larger financial institutions and media companies in Manhattan often have extensive HR documentation, which can cut both ways, providing evidence of policy violations but also generating paper trails that employers use defensively. Smaller companies may have less documentation but fewer resources to mount a prolonged defense. Industry also affects the damages picture, since compensation levels and benefit packages vary significantly across Manhattan’s economic sectors.

Serving Manhattan and Surrounding New York Communities

Mark David Shirian P.C. represents employees across Manhattan and throughout the five boroughs and New York State. Within Manhattan, the firm serves workers from Midtown and the Financial District through the Upper East Side, Upper West Side, Harlem, Washington Heights, and Inwood. Employees in Hell’s Kitchen, Chelsea, the Flatiron District, Tribeca, SoHo, the East Village, and the Lower East Side are all within the firm’s regular client base. The firm also represents workers from Brooklyn, including Williamsburg, Park Slope, Crown Heights, Bushwick, Bay Ridge, and Downtown Brooklyn. Queens clients from Astoria, Long Island City, Flushing, Jamaica, and Forest Hills are also served, along with workers from the Bronx, Staten Island, and communities across Westchester County, including White Plains, Yonkers, New Rochelle, and Mount Vernon. The firm handles wrongful termination claims across New York State for employees whose matters fall within its scope of representation.

Speak with a Manhattan Wrongful Termination Attorney About Your Situation

What happened to you at work deserves a clear-eyed assessment, not assumptions in either direction. Mark David Shirian P.C. offers confidential case evaluations for employees who believe they were fired in violation of the law. Attorney Mark D. Shirian and Senior Associate Shawn D. Shirian will review the facts of your situation, identify the legal theories that may apply, and give you an honest picture of what pursuing a claim could look like. As a wrongful termination attorney serving Manhattan and New York City, Mark D. Shirian has built this firm around exactly these kinds of cases. Call today to schedule your evaluation and get a direct conversation about where your case stands.