Termination & Employee Rights

You Have More Rights Than They Want You to Know

Getting fired doesn’t erase your legal protections. In fact, it might set new ones in motion. Losing your job out of the blue hits hard. Maybe you spoke up about something unsafe, just needed time to take care of yourself or maybe your boss didn’t like that you questioned things. Either way, none of that gives them a free pass to push you out. This happens way too often and wrongful termination attorneys know the playbook employers use to get away with it.

If your rights were tossed aside, don’t let it slide. At Horn Wright, LLP, we understand how stressful and draining this can be. You could be angry, unsure, or just tired of the whole mess. Most states, including New York, Maine, New Hampshire, and Vermont follow at-will employment rules, but the details around final pay, leave, retaliation, and severance look different depending on where you are. We’re here to help you find some ground to stand on again.

Fired in NYC? Your Rights Didn't Clock Out

Getting shown the door doesn’t erase your protections. In New York, you’ve still got rights. Whether you were fired, pushed out, or “restructured,” employment laws don’t stop working just because you no longer have a badge.

You Still Deserve Every Cent They Owe You

If you earned it, they’ve got to pay it. Wages, bonuses, commissions, it all counts. Federal and state wrongful termination protections back that up. New York might be an at-will state, but that doesn’t give employers a blank check. They’re still required to pay you on time. That final paycheck should land by your next scheduled payday, no excuses, just like New York Labor Law § 191 says. If they’re holding back, or if you’ve been shorted on unpaid wages or overtime, it’s time to speak up.

Vacation Days Aren’t Optional Promises

If your handbook promises vacation payout, that’s not a friendly perk. It’s a rule they’re required to follow. When they honor it for one person but skip it for another, it could signal deeper issues. And patterns of favoritism in the workplace often go hand-in-hand with wrongful terminations.

Health, Paychecks, and Benefits: They Don’t Just Disappear

Lost your job and suddenly scrambling for insurance? You might still qualify for unemployment even if they made it sound like you didn’t. COBRA’s expensive, sure, but it keeps that safety net in place. And in an at-will employment state like New York, job separations happen for all kinds of reasons, some lawful, some questionable. But don’t assume you're out of options.

Did They Deny You Something You Earned? That’s a Fight Worth Having

You gave your time, your effort, your energy. And when you needed something back, they disappeared. That sounds horrible, and could be illegal.

They Ignored Your Health. That’s More Than A Cold, It’s Illegal

Under the Family and Medical Leave Act, you could qualify for 12 weeks of unpaid leave and still keep your job. That covers serious health issues, childbirth, caregiving, you name it. If they punished you for needing time off, they may have broken federal law. And New York’s Paid Family Leave adds even more protections.

Need extra time or support to do your job because of a health issue? That’s where the Americans with Disabilities Act steps in. Reasonable changes like flexible hours or medical leave should’ve been part of the conversation. If you got shut down, that’s a red flag. A lot of denials end up as FMLA retaliation cases. You’re not overreacting.

Complaints Shouldn’t Cost You a Career

If you reported harassment or discrimination and suddenly ended up without a job, something’s off. That’s retaliation, and it’s wrong and unlawful. You have every right to file a discrimination complaint.

Whether you were targeted for racial discrimination, sex discrimination, or stood up to a toxic boss, firing you for it clearly demonstrates retaliation and intimidation. The law sees right through it.

Denied Support Because You Have a Disability?

When you request something to help you perform your job like adjusted hours, screen readers, or extra breaks, your employer must engage in what's called the interactive process. That’s part of the ADA, a federal law that requires employers to provide reasonable accommodations for qualified employees with disabilities. In New York, that obligation is further reinforced by New York Human Rights Law § 296, which often applies to smaller employers not covered under federal law and demands similar accommodations unless they pose an undue hardship.

Spoke Up and Got Burned? That’s Retaliation

You raised your voice and they slammed the door behind you. Retaliation doesn’t always come with flashing signs. Sometimes it shows up as vague warnings, fake “performance issues,” or a suspicious layoff. But the impact is the same: they tried to silence you.

But you’re protected if you:

• Reported unsafe work conditions
• Complained about discrimination or harassment
• Took medical or family leave
• Requested accommodations

Any blowback after that is on them. Whistleblower retaliation isn’t just a term. It’s a legal violation. These cases often reveal bigger problems, like systemic retaliation hiding under HR’s radar.

They Can’t Just Hide Behind Excuses

The old excuses don’t cut it anymore. “Budget cuts.” “Performance issues.” “It just wasn’t a good fit.” If any of that follows close on the heels of you reporting misconduct or requesting legally protected leave, that’s a red flag. Retaliation is one of the most frequently alleged bases of discrimination across the country. That includes people being punished for filing complaints, standing up against harassment, or even supporting a coworker’s report. The law protects you for doing the right thing, and the EEOC enforces that right every single year.

New York’s whistleblower laws are on your side. Now’s the time to use them.

Don’t Sign That Severance in Penn Station Without Reading It

A severance deal isn’t always a gift. It can be a trap. Some agreements waive your right to take legal action or speak up. Others try to silence you completely. Negotiating severance gives you back control. You’ve got options and you deserve a path toward fairness.

These are just a few examples of what you might be able to negotiate in your favor:

• Extend your pay
• Get a fair reason for separation
• Lock in a neutral reference

That fine print is where your future can get locked down or opened up. Hidden clauses in severance agreements can limit your ability to speak out, take legal action, or even land your next job. Overlooking a single line could mean signing away the chance to hold your employer accountable.

You Deserve More Than Silence After Being Let Go

You’ve been dismissed, shut out, and stripped of answers. But you’re still standing. And your story still matters. If you’re ready to reclaim your voice and explore your options, reach out to the wrongful termination attorneys at Horn Wright, LLP. It could be the first real step toward getting your power back.