Termination is not always the end of an employment relationship-sometimes it is the basis for a legal claim.When an employer terminates you because of your race, your age, your disability, or because you reported illegal activity, that firing may violate federal or New York State law.
Buffalo wrongful termination lawyers at Greenberg Gross LLP represent employees across Erie County and Western New York who have been illegally fired, forced out, or pushed to resign under intolerable conditions. Our trial attorneys challenge employers that hide behind at-will employment to justify firings that the law does not allow.
If you believe your termination was unlawful, call Greenberg Gross LLP at (716) 819-8189 for a free and confidential consultation.
Why Greenberg Gross LLP for Wrongful Termination Claims in Buffalo
Wrongful termination cases demand attorneys who know how to dismantle an employer's stated justification and reveal the real reason behind the firing. Greenberg Gross LLP has the litigation depth and trial preparation to do exactly that.
Meaningful Results in Employment Disputes
Our attorneys have obtained a $6.1 million judgment in a whistleblower retaliation case and a $10 million recovery in a contract matter, along with numerous other notable employment outcomes. Prior results do not guarantee a similar outcome.
Litigation-First Approach
Our founders left one of the world's largest law firms to build a practice focused on trial advocacy and high-stakes litigation. We prepare every wrongful termination case with trial in mind, emphasizing thorough witness preparation, strategic case development, and strong courtroom advocacy when settlement discussions fall short.
Peer-Recognized Attorneys
Greenberg Gross has earned recognition among the nation's leading plaintiff-side litigation firms. Our attorneys hold distinctions including Super Lawyers, ABOTA membership, and Martindale-Hubbell's AV Preeminent rating.
Serving Buffalo from Downtown with National Depth
Our office at 1 Seneca Street sits near the Erie County Courthouse and the U.S. District Court for the Western District of New York.
In addition to Buffalo, our firm maintains offices in Philadelphia, Boston, New Jersey, Costa Mesa, Los Angeles, Las Vegas, New York City, Newark, and Pittsburgh, allowing clients to benefit from the resources and experience of a nationally connected litigation team.
Driven by Purpose
We created this firm to advocate for people in their most high-stakes legal moments. Losing your job unlawfully threatens your income, your family, and your professional identity, and we bring that understanding to every wrongful termination case we take on.
Get a clear assessment of your situation. Call (716) 819-8189 or (855) 255-5515 for a free, confidential conversation with a wrongful termination attorney in Buffalo.
Is New York an At-Will Employment State and What Does That Mean for Your Case?
New York is an at-will employment state, meaning employers may generally end the employment relationship at any time and for any reason, or for no reason at all. But at-will employment has significant legal limits, and a termination that violates one of those limits may give rise to a wrongful termination claim.
Exceptions to At-Will Employment in New York
At-will employment does not give employers the freedom to fire you for an illegal reason. New York and federal law create several categories of protected terminations that employers may not carry out regardless of their at-will status:
- Terminations motivated by discrimination based on a protected characteristic such as race, sex, age, disability, sexual orientation, gender identity, religion, national origin, or military status
- Terminations in retaliation for reporting discrimination, harassment, wage violations, safety hazards, or other illegal employer conduct
- Terminations that violate the terms of a written or implied employment contract
- Terminations in violation of public policy, such as firing an employee for serving on a jury, filing a workers' compensation claim, or refusing to participate in illegal activity
The at-will doctrine protects an employer's general right to manage its workforce, but it does not shield employers who fire workers for discriminatory, retaliatory, or otherwise unlawful reasons. That distinction is at the heart of every wrongful termination case.
What Are the Most Common Grounds for Wrongful Termination Claims in Buffalo?
Wrongful termination claims in Western New York arise from a variety of circumstances. The common thread is that the employer's real motive for the firing was something the law prohibits.
Discriminatory Termination
The New York State Human Rights Law (NYSHRL) and Title VII of the Civil Rights Act of 1964 both prohibit employers from terminating employees based on protected characteristics. The NYSHRL covers employers with four or more employees, while Title VII applies to those with 15 or more. If your employer fired you because of who you are rather than how you performed, that termination may be unlawful under one or both statutes.
Retaliatory Termination
Federal and New York law protect employees who engage in protected activity from being fired in retaliation. Protected activity includes reporting discrimination or harassment, filing a wage complaint, cooperating with a government investigation, or raising concerns about workplace safety. Section 740 of the New York Labor Law specifically protects whistleblowers who report violations of law, rule, or regulation.
Constructive Discharge
Sometimes employers do not fire you directly but instead create conditions so objectively intolerable that a reasonable person in your position would feel compelled to resign. If your employer deliberately made your work environment unbearable in connection with a discriminatory or retaliatory motive, your resignation may be treated as a wrongful termination under the law.
Breach of an Employment Contract
If you had a written employment agreement, offer letter, or collective bargaining agreement that specified the terms of your employment or the conditions under which you could be terminated, a firing that violates those terms may support a breach of contract claim. Implied contracts based on employer handbooks, policies, or verbal assurances may also give rise to a claim in certain circumstances.
How Do You Prove Wrongful Termination in Buffalo?
Proving wrongful termination typically requires showing that your employer's stated reason for the firing was a pretext, meaning a cover story, for an unlawful motive. Direct evidence of illegal intent is helpful but not required, and many successful wrongful termination cases in New York rely on circumstantial evidence.
Several categories of evidence may help establish that your termination was unlawful:
- A positive performance history followed by sudden negative evaluations after you engaged in protected activity or disclosed a protected characteristic
- Disparate treatment showing that employees outside your protected class received more favorable treatment for comparable conduct or performance
- Suspicious timing between your complaint, accommodation request, or leave and your termination
- Inconsistent or shifting explanations from your employer about the reason for the firing
- Comments, emails, or messages from supervisors or decision-makers reflecting bias or retaliatory intent
An employer's inability to provide a consistent, credible explanation for why you were terminated often becomes the strongest element of a wrongful termination case. Gaps in the employer's story reveal the pretext and point to the true motive.
Where Do You File a Wrongful Termination Claim in Buffalo?
The right filing path depends on the legal basis of your wrongful termination claim. Different statutes have different deadlines, different agencies, and different procedural requirements.
- New York State Division of Human Rights (DHR): The DHR investigates discrimination and retaliation complaints under the NYSHRL. You must file within one year of your termination. Filing with the DHR generally waives your right to pursue the same state-law claims in court, with limited exceptions.
- New York State Court: You may file a wrongful termination lawsuit directly in Erie County Supreme Court under the NYSHRL without first going through an administrative agency. This path allows three years from the date of termination and provides access to a jury trial, punitive damages, and the full range of court-ordered relief.
- U.S. Equal Employment Opportunity Commission (EEOC): The EEOC handles federal discrimination and retaliation charges under Title VII and other federal statutes. You generally have 300 days to file. The EEOC and DHR maintain a work-sharing agreement that permits cross-filing to preserve both federal and state claims.
- Federal Court: Whistleblower retaliation claims, breach of contract claims, and certain constitutional claims may go directly to the U.S. District Court for the Western District of New York without prior administrative filing. Filing deadlines and procedural requirements vary by statute.
These deadlines overlap and run simultaneously, so consulting with a wrongful termination lawyer in Buffalo early protects your ability to pursue every available legal path.
What Damages May Be Available in a Buffalo Wrongful Termination Case?
If your employer fired you illegally, you may be entitled to several forms of compensation. The specific remedies depend on which laws apply and the circumstances surrounding your termination.
Employees who prevail in wrongful termination claims in Buffalo may recover:
- Back pay for lost wages, salary, bonuses, and employment benefits from the date of termination through resolution of the case
- Front pay for projected future earnings when reinstatement to your former position is not practical
- Compensatory damages for emotional distress, anxiety, depression, and harm to your professional reputation, with no cap under the NYSHRL
- Punitive damages in cases involving especially willful or egregious employer conduct, available in court proceedings but not through the DHR
- Attorney's fees and litigation costs under applicable federal and state statutes
The absence of a damages cap under the NYSHRL makes state court a particularly strong forum for wrongful termination cases involving significant emotional and financial harm. Strategic filing decisions at the outset of your case directly affect your potential recovery.
Ask Greenberg Gross
How do I know if my firing was actually wrongful?
Not every unfair firing is illegal. A termination is wrongful if it violates a law, such as discrimination, retaliation, or breach of contract. If you were fired after reporting misconduct, requesting accommodations, or engaging in protected activity, you may have a claim. An attorney can review your situation and explain your options.
What if my employer gave a reason I think is false?
Employers sometimes give reasons that do not reflect the real motive. A lawyer can compare that explanation to your performance record, how others were treated, and the timing of events to determine whether it points to discrimination or retaliation.
Can I file a claim if I signed a severance agreement?
It depends on the terms. Some agreements include waivers that limit claims, but they must meet legal requirements and may not apply in every situation. An attorney can review the agreement and identify what claims, if any, remain.
Do I have a case if I was fired during a probationary period?
Possibly. Probationary status does not allow an employer to fire you for an illegal reason. If the termination was based on a protected characteristic or followed protected activity, you may still have a claim.
FAQs for Buffalo Wrongful Termination Lawyers
How long do I have to file a wrongful termination claim in Buffalo?
Under the NYSHRL, you have three years from the date of termination to file in state court, or one year to file with the DHR. Federal claims through the EEOC require filing within 300 days. These deadlines run concurrently, so consulting an attorney promptly protects your broadest range of legal options.
What evidence do I need to prove wrongful termination in New York?
Strong wrongful termination cases rely on performance reviews, emails, text messages, witness statements, and documentation showing how your employer treated employees in comparable situations. A clear timeline connecting protected activity or a protected characteristic to your firing reinforces the claim. Your attorney helps you gather and preserve this evidence before it becomes unavailable.
How much does a wrongful termination lawyer in Buffalo cost?
Greenberg Gross LLP handles wrongful termination cases on a contingency fee basis. You pay nothing upfront, and attorney's fees come from the recovery in your case. If there is no recovery, you typically owe no attorney's fees. Your fee agreement addresses responsibility for specific litigation expenses.
Can my employer retaliate against me for filing a wrongful termination claim?
Federal and New York law prohibit retaliation against employees who file legal claims, including wrongful termination lawsuits. If your former employer takes materially adverse action against you after you file a claim, such as providing false references or interfering with your job search, you may have an additional retaliation claim.
What is the difference between wrongful termination and being fired unfairly?
Not every unfair firing is illegal. Wrongful termination requires a violation of a specific statute, contract, or public policy. An employer may fire you for a reason you consider unjust, but unless the reason involves a protected characteristic, protected activity, or a breach of contract, the termination may not give rise to a legal claim. An attorney evaluates the specific facts to determine whether your firing crosses the line from unfair to unlawful.
Take Action with Buffalo Wrongful Termination Lawyers at Greenberg Gross LLP
Losing your job for an unlawful reason can put your finances, career, and stability at risk. If your employer crossed the line, you have the right to pursue a claim and hold them accountable under New York and federal law. Acting promptly helps protect your ability to recover compensation and preserve key evidence.
Greenberg Gross LLP represents wrongfully terminated employees throughout Erie County and Western New York from our office at 1 Seneca Street in downtown Buffalo. We bring the full litigation capacity of a nationally recognized firm to every wrongful termination case, and we handle every conversation with the seriousness your situation requires.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation. Your career matters, your rights matter, and we are ready to fight for both.