Wrongful Termination FAQ

Wrongfully Fired? Start with This FAQ for Answers, Clarity, and a Way Forward

Getting fired can throw your entire life off balance. Perhaps you're just sipping coffee at your desk and the next thing you know, you’re packing up without a clue why. No warning. No reason. Just stress, fear, and a million questions. That’s when wrongful termination attorneys start becoming more than just a Google search.

Was it even legal? Should this have happened to you? What now?

At Horn Wright, LLP, we help workers who’ve been unfairly or unlawfully let go figure out their next move. And if you're reading from New York, Maine, New Hampshire, or Vermont, heads up: the laws in your state might not line up exactly the same. For instance, at-will employment may apply to all, but states differ in how they handle things like notice requirements, exceptions for public policy, or whistleblower protections. If you’re feeling blindsided, we’ll help sort out the facts, look at what your state allows, and push for a result that’s fair and backed by the law.

What Does 'At-Will' Really Mean and When Does It Go Too Far?

New York’s an “at-will” state. That means employers can let you go pretty much anytime, for nearly any reason. Harsh, but that’s how it works. But there are lines even at-will employers can’t cross, especially when it comes to discrimination and retaliation.

Not every firing is above board. If you were targeted for speaking out or exercising your rights, that changes things. That’s when a legal line might’ve been crossed.

Some firings are just masks. Let’s say you raised concerns about unpaid overtime or stood up against mistreatment and suddenly, your performance is under review. That should raise suspicion.

Wrongful termination attorneys dig into those patterns to uncover what’s really going on. If something feels off, it probably is.

How Do I Know If My Firing Crossed the Line from Unfair to Illegal?

Getting fired hurts. But not every painful exit is illegal.

Maybe your manager said you “weren’t a culture fit.” Or a less-qualified buddy of theirs replaced you. It stings, but unless it’s linked to something like harassment or retaliation in a hostile environment, it might not hold up legally.

Let’s spell it out:

• Unfair: Let go over personality clashes, favoritism, or politics.
• Illegal: Let go for reporting harassment, requesting leave, or because of race, gender, disability, religion, or age.

If your firing ties directly to a protected characteristic or if it came after you asserted a protected right, you may be covered under New York Executive Law § 296. This law prohibits discriminatory practices and retaliation in employment, giving you a powerful legal safeguard.

Can My Boss Really Fire Me for Raising Serious Concerns?

Sure, bosses can fire people easily. But they can’t hide behind “at-will” if the real reason is illegal. In fact, what often appears to be a sudden firing may be tied to deeper issues like patterns of uneven discipline or toxic workplace behavior.

Think back. Did you lose your job right after calling out harassment, refusing to lie or cover something up, or asking for Americans with Disabilities Act accommodation?

If the timing feels too perfect to ignore, it probably isn’t a coincidence. That’s retaliation and under both state and federal protections, it’s against the law.

Do I Have a Wrongful Termination Case or Just a Bad Break?

You’re probably wondering, “Is this something I can actually fight?”

Start here: Why were you fired? What happened in the days or weeks leading up to it? If you were denied wages you earned, misclassified, or pressured to work off the clock, that’s part of the picture too. If any of this sounds familiar, you may be onto something:

• Discrimination: Treated differently because of who you are.
• Retaliation: Let go for speaking up.
• Medical or family leave: You took time protected by Family and Medical Leave Act, then got pushed out.
• Whistleblowing: You reported a serious issue and suddenly, you're gone.

New York law is broader than you think. It even offers expanded protections in cases tied to unpaid compensation. Even if your situation seems unique, don’t dismiss it without digging deeper.

Can I Be Fired for Doing the Right Thing at Work?

Plenty of people get fired not for slacking off, but for doing the right thing. If that’s you, know you’re not powerless. A recent NYC case proves it. A worker fired after facing sexual orientation discrimination received $85,000 in back pay and emotional damages.

Discrimination in the Shadows: Subtle, Systemic, and Still Illegal

Discrimination isn’t always loud. Sometimes it’s quiet but calculated. Think of older workers getting nudged out. Pregnant employees passed over. If your firing seems tied to age, race, or something else personal, trust your instincts.

Blowing the Whistle, Paying the Price

New York law protects those who call out wrongdoing. Under Labor Law § 740, employers can’t fire you for reporting something that threatens safety or breaks the law. You don’t need hard proof. Just a good-faith reason to believe something was off and the courage to speak up.

How Do I Prove I Was Wrongfully Terminated?

If your gut says this was wrong, the next step is making sure you can prove it.

Start documenting. Save those offhand remarks. Hold onto performance evaluations. And if you’ve been offered a severance package, take a closer look. There’s often more going on beneath the surface.

Useful pieces include:

• Emails and texts showing retaliation or bias.
• Performance evaluations that contradict their excuse.
• Witness input from coworkers.
• Detailed notes of dates, meetings, and red flags.

Even a few solid items can tip things in your favor. And if you’re unsure whether to gather more or take legal action, know that some people have taken a stand and seen helpful results.

Am I Still Eligible for Unemployment If I Was Fired?

Yes, you can still file for unemployment.

Unless your employer proves serious misconduct, you're likely eligible. But some will say just about anything to stop you from getting benefits, especially if you've pushed back against wage theft or tried to recover unpaid overtime.

If they’re twisting the narrative, you’ve got the right to fight back. Filing a wrongful termination claim isn’t required to receive unemployment, and winning one doesn’t guarantee it either. These are separate but sometimes related legal tracks, and both deserve attention.

Ready to Be Heard? Here's Your First Step

Wrongful termination attorneys can help you figure out if your firing broke the law and what to do if it did. If you were let go after standing up for yourself, requesting protected leave, or refusing shady orders, don’t keep second-guessing.

There’s a way forward. One step at a time. Reach out to Horn Wright, LLP, and connect with a team that listens, believes you, and fights for what’s right.