How to Challenge a Wrongful Termination in New York

Last Updated: February 13, 2026

Key Takeaways

– New York is an at-will employment state, but employers cannot terminate employees for discriminatory, retaliatory, or otherwise illegal reasons.
– Wrongful termination may involve discrimination, retaliation, breach of contract, or firing in violation of public policy protections.
– Preserving written evidence, performance records, and communications is critical to building a strong claim.
– Employees may pursue negotiation, file agency complaints, or bring a lawsuit to recover lost wages and other damages.
– Workers who believe they were unlawfully fired may benefit from consulting firms such as Lipsky Lowe LLP to evaluate potential claims and next steps.

Losing a job can be stressful, but you may have legal options if you believe your termination was unlawful. Wrongful termination occurs when an employer fires an employee in violation of federal, state, or local laws. While New York is an at-will employment state—employers can terminate workers for almost any reason—there are important exceptions. If you suspect your firing was illegal, here’s a step-by-step guide to challenging a wrongful termination in New York.

Step 1: Determine If Your Termination Was Illegal

Not all unfair firings are wrongful terminations. Under New York and federal law, termination may be unlawful if it is based on:

Discrimination – If you were fired because of race, gender, age, disability, pregnancy, religion, or another protected category under the Civil Rights Act, ADA, New York State Human Rights Law, or New York City Human Rights Law.
Retaliation – Employers cannot fire employees for reporting discrimination, harassment, wage violations, or illegal activities or activities the employee reasonably believes to be illegal (whistleblowing).
Violation of Employment Contract—If your employment contract specifies termination conditions, your firing did not comply with those terms.
Breach of Public Policy – Firing someone for refusing to engage in illegal activities, serving jury duty, or taking protected leave under laws like the FMLA.

At-Will Employment Has Limits in New York

– New York employers cannot fire employees for illegal reasons
– Discrimination and retaliation are common wrongful termination claims
– Protected activities include reporting misconduct or taking protected leave

Step 2: Gather Evidence

To build a strong case, you’ll need evidence supporting your claim. Collect:

Termination notice or email – Any written confirmation of your firing.
Performance reviews and employment records – To show a history of good performance and lack of justification for termination.
Witness statements – If coworkers or supervisors can corroborate unfair treatment.
Correspondence with HR or supervisors – Any emails, texts, or memos discussing concerns before termination.

Preserve Evidence as Early as Possible

– Save documents to a personal device or personal email
– Avoid deleting, editing, or forwarding work communications
– Write down events while details are still fresh

Step 3: Consider Negotiation or Mediation

Before escalating to litigation, you might have the option to negotiate a settlement with your former employer. Many companies prefer to resolve disputes outside of court to avoid legal costs and reputational damage. A lawyer can help you negotiate for severance pay, reinstatement, or compensation for lost wages.

Step 4: File a Lawsuit if Necessary

If filing a complaint or negotiating doesn’t lead to a fair resolution, you may need to file a lawsuit. A wrongful termination lawsuit can seek damages for lost wages, emotional distress, and legal fees. Your attorney will guide you through:

Filing a claim in the appropriate court
Presenting evidence and witness testimony
Seeking a favorable judgment or settlement

Step 5: Work with an Employment Lawyer

Wrongful termination cases can be complex, requiring a deep understanding of New York and federal employment laws. An experienced employment attorney can:

Assess the strength of your case
Gather additional evidence
Represent you in complaints, negotiations, and court proceedings

At Lipsky Lowe, we help wrongfully terminated employees navigate their legal options and fight for justice. If you believe your firing was illegal, don’t wait—contact us today for a consultation.

Talk to a New York Wrongful Termination Lawyer Today

Challenging a wrongful termination can be intimidating, but you don’t have to face it alone. By understanding your rights, gathering evidence, and seeking legal support, you can take steps toward holding your former employer accountable. If you suspect wrongful termination, contact an employment lawyer at Lipsky Lowe today.

About the Author

Douglas Lipsky is a co-founding partner of Lipsky Lowe LLP. He has extensive experience in all areas of employment law, including discrimination, sexual harassment, hostile work environment, retaliation, wrongful discharge, breach of contract, unpaid overtime, and unpaid tips. He also represents clients in complex wage and hour claims, including collective actions under the federal Fair Labor Standards Act and class actions under the laws of many different states. If you have questions about this article, contact Douglas today.