Employer Defenses to Termination Claims

What Employers Will Say to Justify Firing You And How We Shut It Down

Getting fired hits hard. Maybe your boss gave you the cold shoulder for weeks or maybe you raised concerns and suddenly, you're out. No matter how it happened, they’ll always have a "reason."

But deep down, you know it just doesn’t feel right. Experienced wrongful termination attorneys have seen how employers try to make firings look clean when they’re anything but.

Horn Wright, LLP, knows every excuse in the book. And while New York’s an at-will state, states like Maine, New Hampshire, and Vermont sometimes offer stronger job protections. If you’ve been wrongfully terminated, let us take the pressure off your shoulders and get to the truth.

Legal Jargon, Power Plays, and the Smoke They Hide Behind

Ever heard, "You violated company policy" or "We’re restructuring" right before a termination? Sounds official and final. But don’t let that scare you.

These buzzwords are often just smoke screens. They're designed to make you second-guess everything. What really happened is often way simpler: someone didn’t like that you spoke up, called out sex discrimination, or stood out in a way that made them uncomfortable.

Employers count on confusion. They’re hoping you’ll back down because it all sounds too complicated to fight. But if the timing’s weird, the explanations are vague, and your gut’s uneasy, trust that feeling.

What They Always Say When They Know They're in the Wrong

When things get sketchy, employers tend to reach for the same tired script, especially when they’re trying to cover up racial discrimination or retaliatory motives. This may sound like:

• "Your performance wasn’t up to par."
• "Budget cuts, nothing personal."
• "We’re just moving in a different direction."

Familiar? That sudden “performance issue” always seems to show up right after you file a harassment complaint. Or that layoff conveniently includes only employees over 50. Or maybe you came back from parental leave, and poof, your role’s gone.

These patterns are striking and telling. Sometimes it’s age discrimination. Sometimes it’s retaliation. But one thing’s for sure: they’re not being honest.

"At-Will" Isn’t a Blank Check to Destroy Your Livelihood

Employers love to throw this at their employees: "New York’s at-will. We can fire you anytime." Technically? True. But legally? Not so fast.

Under New York Labor Law § 740, you can’t be fired for reporting something illegal. That includes safety concerns, wage theft, or speaking up about harassment. And if you’re fired for who you are, which includes your race, religion, disability, gender identity, or age, that’s wrong and illegal. Same if it happens after you ask for family leave or call out violations.

So no, at-will isn’t a free pass. It doesn’t cover prejudice. And it doesn’t excuse retaliation.

Behind the Curtain: How They Abuse the "At-Will" Card

"At-will" sounds official. Convenient, too. It’s how bad employers make firings seem untouchable.

But here’s what’s really going on. More than 81,000 discrimination charges were filed in 2023. That’s tens of thousands of workers being pushed out under the false cover of “policy,” often after exercising their rights or challenging unfair treatment.

Here’s when to raise an eyebrow:

• Fired days after announcing you’re pregnant
• Let go for filing a safety complaint
• Shown the door after requesting a simple accommodation

If their reason feels more like punishment than policy, especially after you’ve requested FMLA leave or reported mistreatment, it probably is.

The Exceptions That Shatter Their Defense

Not every firing breaks the law. But when it does, it tends to look like a whistleblower retaliation, punishment for asking for medical or parental leave, discrimination for who you are, and getting terminated while others keep their jobs for doing the same thing,

The key is spotting those contradictions. If nothing added up and you were singled out after raising concerns about wage and hour violations, you may be dealing with more than bad luck.

Performance Reviews or Retaliation Masks? Spot the Switch-Up

Your reviews were solid. But suddenly, you’re told your work's not cutting it. That shift’s no accident. Retaliation often hides behind feedback. It creeps in at hostile workplaces where things go from warm to icy real quick. Today, you’re praised. Tomorrow, you’re micromanaged or sidelined.

If the complaints started after you spoke up like calling out pregnancy discrimination or reporting unfair treatment, it’s time to question the story they're pushing.

The Paper Trail They Invented and the One That Tells the Truth

Some terminations come wrapped in paperwork. These include warnings you’ve never seen, emails you don’t remember, and records that feel too convenient.

These setups often follow unpaid wage complaints or overtime disputes. Suddenly, the employer’s got a folder full of reasons to fire you. But where were those “concerns” before?

Keep an eye out for surprise documentation, one-sided stories, and rules that don’t apply equally. When a record feels made-up, chances are it is indeed just forced.

From Times Square to the Courthouse: Cracks in Their Story Always Surface

A strong defense doesn’t change shape. A weak one does.

If management gives three different reasons for your firing, that’s a red flag. If an email clashes with what HR says? Another one. If policy says one thing but practice says something else, especially when you’ve never heard of the rule they’re citing, it might be a sign of deeper discrimination or retaliation at play.

Patterns don’t lie. And once those contradictions pile up, their narrative starts to fall apart.

Trust Is Everything And Their Lies Break It in Court

In court, what matters isn’t just your version of events. It’s how clearly and consistently it holds up against theirs. Jurors and judges look for patterns they can trust.

If your employer’s telling a story that doesn’t line up with documented facts, previous feedback, or even their own policies, it raises serious doubts and helps you achieve justice in court. This is also evident when your performance was praised in the past but suddenly flipped without warning. Those shifts feel and look suspicious.

The New York State Human Rights Law helps protect workers in exactly these moments. When your account stays steady and their defense keeps shifting, the truth has a powerful way of surfacing.

Don’t Let a Firing Define You: Take Back the Narrative

Getting fired unfairly doesn’t mean your story ends here. It means you’ve got a new one to write. The stress, the doubt, the anger, it’s real. But you don’t have to stay stuck in that space.

If something didn’t sit right, don’t brush it off. Reach out to Horn Wright, LLP, to talk with someone who understands what you’re facing and knows how to help. We’ll take the time to listen, examine what really happened, and work with you to build a path forward, one that aims for accountability, clarity, and a real shot at justice.