Q: looking for a lawyer to help me fight a wrongfully termination.
A: In order to help you, I would need to know why you believe the termination was wrongful. New York is an "employment at will" state. This means that you may be fired at any time for no reason. A termination is wrongful only if: (a) you are protected by an employment contract that requires a valid reason or that the employer follow a process before firing you; (b) you are a union member and its collective bargaining agreement requires a valid reason or that the employer follow a process before firing you; or (c) you were fired for an illegal reason such as your race, religion, gender, national origin, etc.
A: Apply for and win unemployment benefits, if you qualify for them, and are able to recover them with no misrepresentation to the Department of Labor (do not have others apply for you, go on vacation, leave the country, which claimants have improperly done). You almost have to try not to recover unemployment in New York. The people who do not have usually committed gross misconduct, they resigned rather than were fired, or they misrepresented some fact during the application for benefits process.
Hopefully you will recover unemployment benefits, assuming you qualify. Retain legal counsel if you have any doubts about doing so.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.