Fired for the wrong reason? You may have a case.

Losing a job is destabilizing, and a firing rarely feels fair. But not every unfair termination is an illegal one, and not every illegal one is obvious. The line between a lawful firing and a wrongful one comes down to the employer's reason and whether a contract or a statute was violated. Dudani Law helps employees in New York and New Jersey figure out which side of that line their termination falls on, and we fight to recover what they are owed when an employer broke the rules.

What our clients typically experience

Most of our clients knew the firing was not really about performance. It came right after they complained, disclosed something, or got close to a bonus, and the stated reason did not add up. They come to us to find the specific legal hook that turns an unfair firing into an unlawful one. Often, there is one.

At-Will Employment, and Where It Ends

Most employment in New York and New Jersey is "at will," which means either you or your employer can end the relationship at almost any time. An employer can let an at-will employee go for a reason that is mistaken, unfair, or even arbitrary, and that alone usually is not something you can sue over. But at-will employment is not a blank check. An employer cannot fire you for a reason the law specifically forbids, and it cannot fire you in violation of an employment contract. When it does either, the termination is wrongful, and actionable.

When a Firing Becomes Wrongful

A termination crosses into wrongful territory when it falls into one of these recognized categories:

• Discrimination. You were fired because of a protected characteristic, such as race, color, sex, gender identity, sexual orientation, religion, national origin, age (40 and older), disability, or pregnancy.
• Retaliation. You were fired for engaging in protected activity, reporting discrimination or harassment, complaining about unpaid wages or overtime, raising a safety concern, filing a workers' compensation claim, or participating in an investigation.
• Whistleblowing. You were fired for disclosing, or threatening to disclose, activity you reasonably believed was illegal or a substantial danger to public health or safety.
• Breach of contract. An express or implied contract required "good cause" to terminate you, and the employer fired you without it.
• Depriving you of earned benefits. You were let go to avoid paying a commission, a vesting bonus, or other benefits you had earned or were about to earn.
• Constructive discharge. Your employer made conditions so intolerable, for example through a hostile work environment, that you were effectively forced to resign.

One important note about New York law: unlike some states, New York does not recognize a broad, freestanding "public policy" lawsuit for wrongful discharge. In Murphy v. American Home Products Corp. (1983), New York's highest court held there is no common-law claim for abusive or wrongful firing and left it to the legislature to create specific protections. In practice, that means a New York wrongful termination claim generally has to rest on a specific statute or a contract. Identifying that precise legal hook is exactly what we do.

Signs You May Have a Claim

• You were fired soon after disclosing a protected characteristic, requesting an accommodation, or returning from leave.
• You were fired shortly after reporting discrimination, harassment, unpaid wages, a safety issue, or other misconduct.
• Your employer's stated reason for the firing shifted over time or does not match the documentation.
• You had a contract or offer letter promising good cause, and you were let go without it.
• You were terminated right before a commission, bonus, or vesting date.
• Conditions were made so intolerable that you felt you had no choice but to resign.

The Laws That Protect You

Federal Law

Federal law bars termination based on protected characteristics and protects employees who report violations. Title VII of the Civil Rights Act prohibits firing someone because of race, color, religion, sex, which, after the Supreme Court's 2020 decision in Bostock v. Clayton County, includes sexual orientation and gender identity, or national origin, and it forbids retaliation for reporting discrimination or sexual harassment. The Americans with Disabilities Act protects workers fired because of a disability, the Age Discrimination in Employment Act protects workers 40 and older, and the Pregnancy Discrimination Act protects employees fired because of pregnancy or a related condition.

New York State Human Rights Law (NYSHRL)

The New York State Human Rights Law, which now applies to employers of every size, makes it unlawful to discriminate against an employee in the terms, conditions, or privileges of employment because of a protected characteristic, or to retaliate against a worker for asserting their rights, including for filing a workers' compensation claim or complaining about unpaid wages or overtime (New York Labor Law Section 215).

New York City Human Rights Law (NYCHRL) and Whistleblower Protection

The New York City Human Rights Law, which covers employers with four or more employees, provides some of the broadest protections in the country. New York also strongly protects whistleblowers. Labor Law Section 740, significantly expanded effective January 26, 2022, prohibits retaliation against employees, and former employees and certain independent contractors, who disclose or threaten to disclose conduct they reasonably believe violates the law or poses a substantial and specific danger to public health or safety. The expanded statute gives whistleblowers up to two years to sue and allows remedies including reinstatement, back and front pay, a civil penalty of up to $10,000, punitive damages, and attorneys' fees.

New Jersey Law Against Discrimination (NJLAD) and the WARN Acts

New Jersey employees enjoy parallel protections under the New Jersey Law Against Discrimination and, for whistleblowers, the Conscientious Employee Protection Act (CEPA). And when a termination is part of a mass layoff or plant closing, the federal WARN Act and New York's own "mini-WARN" law may require advance notice.

Constructive Discharge: When Quitting Counts as a Firing

Sometimes an employer does not formally fire you, it just makes your working life unbearable until you have no realistic choice but to leave. If a reasonable person in your position would have felt compelled to resign because of intolerable conditions, such as severe harassment or a hostile work environment, that can qualify as a "constructive discharge" and be treated like a wrongful termination under the law.

How to Document

• Hold onto your offer letter, contract, employee handbook, performance reviews, relevant emails and messages, and any termination paperwork.
• Write down key dates and the names of witnesses while they are fresh.
• Preserve anything showing the employer's stated reason and how it shifted.
• Keep records of any commission, bonus, or vesting you were close to earning.
• Do not sign a severance release until a lawyer has reviewed it.

Steps to Take After a Wrongful Termination

• Preserve the evidence. Hold onto your offer letter, contract, employee handbook, performance reviews, relevant emails and messages, and any termination paperwork, and write down key dates and the names of witnesses while they are fresh.
• Mind the deadlines, and do not sign too fast. Wrongful termination claims carry strict filing deadlines, which vary by the law involved, and missing them can end an otherwise strong case. If your employer offers a severance package, do not sign the release until a lawyer has reviewed it.
• Talk to a lawyer. We assess whether your firing rests on a specific legal hook, file the right charge or claim, and pursue your case through negotiation or litigation.

What You Can Recover

Depending on the claim, a successful wrongful termination case can recover back pay for lost wages, front pay or reinstatement, compensation for emotional distress, punitive damages where the employer's conduct was egregious, and attorneys' fees. Under the New York City Human Rights Law, compensatory damages are not capped, which can substantially increase a recovery. We pursue the full value of what your employer cost you.

Why Clients Choose Dudani Law

• Individualized strategy. We build the case around your facts, not a template.
• Thorough investigation. We gather the documents and testimony needed to prove why you were really fired.
• Aggressive advocacy. We are relentless in negotiations and in the courtroom.
• Clear communication. You always know where your case stands.
• No fee unless we win. We handle wrongful termination cases on a contingency basis.

Frequently Asked Questions

I am an at-will employee. Can I still sue for wrongful termination?

Yes. At-will employment lets an employer fire you for many reasons, even unfair ones, but it cannot fire you for an illegal reason (such as discrimination or retaliation) or in breach of a contract. If your firing falls into one of those categories, being at-will does not bar your claim.

What if I was forced to quit because the workplace became intolerable?

That can be a "constructive discharge." If a reasonable person in your position would have felt compelled to resign because of intolerable conditions, such as severe harassment or a hostile work environment, the law can treat your resignation like a firing. Speak with a lawyer before you assume quitting ended your rights.

Should I sign the severance agreement my employer gave me?

Not before a lawyer reviews it. A severance agreement almost always asks you to waive your right to sue. There are specific rules and waiting periods, especially for workers 40 and older, and a review can tell you whether you are giving up a valuable claim for less than it is worth.

How long do I have to bring a wrongful termination claim?

It depends on the legal hook. EEOC charges under Title VII, the ADA, and the ADEA generally run 300 days. NYSHRL and NYCHRL claims are generally three years. New York Labor Law Section 740 whistleblower claims allow two years. New Jersey's NJLAD allows two years to sue. Deadlines are strict, so act quickly.

What if I was let go right before a commission or bonus was due?

That may be actionable. Firing an employee specifically to avoid paying a commission, a vesting bonus, or other earned benefits can support a claim. Keep records of what you had earned or were about to earn, and have the circumstances reviewed.