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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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    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
    It was a pleasure to work with Mr. Sack. He addressed my concerns promptly and honestly, and was always accessible when I had any questions or concerns. Mr. Sack worked both for me, and with me, keeping me abreast of any and all updates to my matter. I did not even have a chance to worry as he was always on top of every detail! His communication and organizational skills are exceptional. I wholeheartedly recommend Mr. Sack for all of your employment needs.
    Steven Sack is great. I found him online and he’s worked with me on a couple of occasions. He helped me negotiate with my former employer and was able to get results. I highly recommend him.
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