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Wrongful Termination

Is it legal to be fired?

Employment at Will: When Is It Legal To Be Fired In NY?

Katherine Pilgrim | March 9, 2023 | Blog, Employment Law, Wrongful Termination | employment law, legal firing, wrongful termination

There are many situations in which a termination can be unlawful, but the place you should always start is that in New York State, an employee can be fired for any reason or even for no reason. I know, this can seem like a very scary prospect. Keep in mind though, there are exceptions to this "employment at will" rule. So when is it legal to be fired in NY? It is illegal to be fired in NY if: Your termination violates an employment contract: If you are a managerial employee or have specific …

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Blind Teacher Sues For Wrongful Termination

suzen Pettit | June 29, 2018 | Employment Law, Wrongful Termination |

A not-for-profit social service agency that provides services to foster care children and preschool education to three and four-year-olds is being sued by a blind special education teacher for wrongful termination against her employer and not providing her with a reasonable accommodation in order to keep her job. Mr. Carbonaro is representing the plaintiff for wrongful termination and discrimination.   …

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When is firing illegal?

When is Being Fired Illegal? NY Labor Laws

Katherine Pilgrim | April 13, 2018 | Blog, Employment Law, Labor Law, Wrongful Termination | fired, new york labor laws, ny labor laws, wrongful termination

One of the most frequent  Labor Law questions that we get is usually phrased like this; 'Have I been wrongfully fired?', or 'If xyz happened, can my employer legally fire me?' Because of this, we are taking the time to lay out a comprehensive guide to NY Labor Laws definitions of when being fired is legal, and when it is illegal in the state of NY. All of the situations that we will reference in this blog will be in the realm of 'Private Sector', or non-government employment. So let's begin with …

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Employment-Lawyer-NYC

Can My Employer Fire Me Without Paying Severance Pay?

suzen Pettit | October 8, 2016 | Blog, Employment Law, Wrongful Termination | employment law, severance pay

If you've ever wondered" can my employer fire me without paying severance pay", the short answer is yes, without a doubt, unless you have an employment agreement that requires severance pay or are in a labor union which requires it or the equivalent (such as pay for unused sick or vacation time).  That being said, don't panic. There are good reasons why employers prefer to pay severance. So...CAN my employer fire me without paying severance pay? Here's the nitty gritty: First, in exchange for …

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"Mr. Carbonaro did a very good job for me with a claim I had to make on an employer. It was a delicate situation which he handled extremely professionally, with a keen understanding of labor law across multiple states. He was very persistent with the other party which ultimately led to a settlement I was quite satisfied with."

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