Wrongful Termination & Retaliation
Articles on retaliation and wrongful termination in New York: complaints about discrimination or pay, accommodation requests, whistleblowing under Labor Law § 740, and when a resignation counts as a constructive discharge.
13 articles from 2024–2026 · 13 current · 0 reviewed case notes · by Jason Tenenbaum
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- Can You Collect Unemployment If You're Fired in New York? Oct 30, 2026
Being fired does not disqualify you from New York unemployment. Misconduct does. How severance, the work search and the hearing affect benefits and a lawsuit.
- Punished for Asking to See Your Personnel File? New York Retaliation Law Oct 27, 2026
Asking for your personnel file is protected in New York from November 8, 2026. When a threat or firing follows, the lawsuit comes from Labor Law 215 and 740.
- Laid Off After a Merger in New York? Severance, WARN and Discrimination Rights Oct 22, 2026
A group layoff release must give 45 days, 7 days to revoke and a list of ages. What a missing list means, when WARN pays, and where age claims start.
- Document It or Lose It: Why the Personnel File Decides New York Discrimination Cases Oct 8, 2026
The employer needs a legitimate reason with no nexus to your complaint, and it must be in the file. Labor Law § 210-b gives you that file from November 8, 2026.
- Retaliation in New York After 2019: "Reasonably Likely to Deter" and "Motivated in Part" Oct 7, 2026
Title VII needs but-for causation and a materially adverse act. New York's Human Rights Law asks less. Three tests, the employer's paper problem, what to save.
- NYC's Deactivation Law Is Blocked: What Drivers Can Still Do Aug 5, 2026
A federal judge blocked NYC's driver deactivation law days before it took effect. What Uber and Lyft drivers in New York can still do after a deactivation.
- Workplace Retaliation Claims Surge in New York: What Employees Need to Know About Rising 2026 Trends Apr 20, 2026
What New York's retaliation statutes give a worker in 2026: Labor Law § 215 and § 740, Executive Law § 296(7), Civil Service Law § 75-b and Heinrichs.
- Is an Employer's Failure to Investigate a Discrimination Complaint Retaliation in New York? Sep 6, 2026
You reported discrimination and HR went silent. A August 2026 SDNY decision explains when that silence is legally meaningful and when it is not: why.
- Can a Teacher Be Fired for Speaking Out? First Amendment Retaliation in NY Schools Jul 7, 2026
New York teachers don't lose their First Amendment rights at the schoolhouse gate — but Garcetti, Pickering, and a pair of unforgiving deadlines decide.
- Fired for Complaining About Unpaid Wages? That's Illegal Jul 7, 2026
New York workers who report wage theft or file wage claims are protected from retaliation by federal and state law. Learn your rights and how to fight back.
- New York's Noncompete Ban Bill Just Passed the Senate Again: What Employees Should Do While It Sits in the Assembly Jun 15, 2026
New York's noncompete ban bill passed the Senate June 3, 2026 and is pending in the Assembly. What to do if you're asked to sign one — or facing enforcement.
- Whistleblowers: Exposing Discrimination in the Workplace Dec 30, 2024
Learn how whistleblowers fight workplace discrimination, understand legal protections, and discover steps to report violations safely.
- Wrongful Termination: Know Your Rights Jan 7, 2025
Learn about wrongful termination in Long Island: legal protections, steps to take, and how to fight back against unfair dismissal.