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Bringing and resolving a wrongful termination claim

Wrongful termination is a tragedy for many people. As an employee, you are working because you need to earn money to live. Being let go unexpectedly can lead to financial difficulties. When the termination is because you did something that is protected by law, such as filing a report about discrimination, harassment or other illegal activities, things get even more difficult.

It is possible to pursue legal actions against the former employer if wrongful termination was a factor. This is an attempt to pursue back pay and other financial damages that occurred because of the termination. It is imperative that you carefully consider your options when you are in this position because what you decide to do can have a big impact on your future.

Determining the value

There are many things that come into the picture when you are trying to determine the value of your case. One of the primary factors is the lost wages. If you start another job, you can't include lost wages from the job you were terminated from during the period of employment with the new company.

You can also seek compensation for emotional distress and any loss of benefits. Carefully consider what these mean in your case. The emotional distress you claim must be in line with the impacts of the distress. You can't claim exorbitant amounts for this, so be sure you carefully consider how to proceed. The benefits you don't receive can be anything from lost health insurance or premiums paid due to the termination, up to missed stock options. Taking these one item at a time can be beneficial.

Methods of resolution

There are three ways that these cases might be resolved. One is that you might pursue a trial. The others are mediation or arbitration. Your case and the circumstances of your life can help you to determine how you might opt to resolve things. Typically, going through a trial will take longer than using one of the alternative dispute resolution methods.

Many New York employers will opt to use the ADR just to get the case over with as quickly as possible so they are able to move forward with the regular course of business. Just make sure that you don't agree to anything that isn't going to be in your best interests if you have a say in the matter.

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The Law Offices of Jeffrey E. Goldman
260 Madison Ave.
15th Floor
New York, NY 10016

Phone: 212-983-8999
Fax: 646-693-2289
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