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Steven Mitchell
Sack

The Employee’s Lawyer®

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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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Understanding Wrongful Termination

Many circumstances can result in the termination of employment. A firing is often a traumatic and destabilizing event. While these unfortunate occurrences may seem untimely, unfair, and unsubstantiated; the termination may not always qualify as “wrongful.”

What is Wrongful Termination?

Wrongful termination refers to a fired employee’s claim that the firing breached an employment contract, policy or public law. As such, in order to prevail in a lawsuit against your employer for wrongful termination, you must prove that your firing violated your contract, company policy, or law.

Contract

Many employees are required to sign a contract upon accepting a job. Often, the contract will stipulate the terms of your employment, company policies, and may provide general reasons for termination. If you entered into individual employment contract with your employer, you can review it to see if your termination violated the terms of your agreement. In particular, union employee contracts tend to state more specifically under what terms you can be terminated. If your termination is at odds with the stated terms in the contract, you likely will have a claim for wrongful termination. Other resources such as company handbooks can also shed light on what may be legal grounds for termination.

Discrimination Laws 

Federal law prohibits termination due to certain terms, such as age, sex, religion, national origin, or disability. These classifications are known as protected statuses.  If you have a protected status, you may be able to substantiate a claim for wrongful termination. The caveat is that you would need to prove that the termination was in response to your protected status. It is also important to note that while the law has made some strides in providing protections for sexual orientation discrimination, there is no overarching federal law that designates sexual orientation/gender identity as a protected class; although various laws and regulations may provide additional protections in various industries and states.

Public Policy

Employers are barred from terminating employees for reasons that violate “good public policy,” which means that employees cannot be fired for things such as refusing to break laws, refusing to take safety/regulation shortcuts, or reporting violations to regulatory agencies (whistleblowing).

Certainly, all terminations are not the same and are not prompted by the same set of circumstances. As such, if you believe that you have been the victim of a wrongful termination, contact a skilled employment law attorney to help you vindicate your rights in the workplace.

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    Our Reviews and Client Feedback

    After calling nearly every law office in Manhattan for 48 hours, I was incredibly fortunate to find attorney Steven Sack.
    His professionalism, integrity, and attention to detail are truly exceptional. From the very beginning, he took my case seriously, followed up promptly, and treated me with genuine respect and empathy.
    What stood out the most is that Steven doesn't sugarcoat anything , he tells you the truth, even when it's difficult to hear, because he cares about giving you the strongest and most honest legal guidance.
    I'm beyond grateful for his support and legal expertise.
    If you're looking for someone who will fight for you, keep you informed, and handle your case with the utmost care, Steven Sack is the one to call.
    Thank you Steven for all of your help. I am truly thankful.
    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
    Response from the owner:Thank you very much for your review. Please keep us in mind if you ever have any other employment law matters you need assistance with.
    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    Response from the owner:Thanks for your review. Please feel free to call back if you ever have any need of representation in any future employment law matters.
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