Legal Guide — Employment Law

Fired in New York: The Wrongful Termination Checklist

What to do in the first 24 hours, what to save, and the deadlines that decide whether a claim survives. Each deadline below cites the statute or agency rule it comes from.

Updated: October 15, 2026 · Law Office of Jason Tenenbaum, P.C. · Nassau & Suffolk County, NY

Quick answer: fired in New York, first steps

Do not sign a severance agreement or release at the meeting. Write down what was said, save what is already yours, file for unemployment, and have the agreement reviewed. If the firing followed a complaint, a report, or leave, the retaliation statutes below may apply.

·EEOC charge: 300 days from the act in New York
·NYSHRL: 3 years, at the Division of Human Rights or in court
·Labor Law § 740 and § 215: 2 years each

“One of the things that happens when you get fired is that your access to everything at work, your email, your computer, gets turned off. So before that happens, save what's yours and write down as much as possible about what happened so it's fresh in your mind.”

Jason Tenenbaum, Esq.

The Checklist

Fired in New York: the checklist

To keep a copy, use your browser's print command (Ctrl+P, or Cmd+P on a Mac); the checklist, the deadlines and the severance red flags are laid out to print, and most of the rest of this page is left off the printout. To share it, link to jtnylaw.com/resources/first-24-hours-wrongful-termination-long-island/#fired-in-new-york-checklist.

Today

Do not sign anything at the termination meeting.

Ask for a copy of every document, including any severance agreement and release, and say you will review it. A signed release can end claims you do not yet know you have.
Write down the termination conversation.

Who was in the room, the reason given, the exact words where you remember them, the date and time. Then write the timeline of what came before: complaints you made, leave you took, reviews, warnings.
Save what is already yours.

Offer letter, employment agreement, handbook pages you were given, pay stubs, W-2s, performance reviews, and emails or texts already on your personal devices. Do not log into company systems you are no longer authorized to use, and do not take confidential business or patient records.
Note any complaint you made before the firing.

A complaint about pay, hours or leave points to Labor Law § 215; a report of a violation of law or a danger to the public points to Labor Law § 740; a complaint about discrimination points to Executive Law § 296(7). Write down what you said, to whom, and when.

This week

File for unemployment insurance.

File at dol.ny.gov or by phone at 1-888-209-8124. A firing bars benefits under Labor Law § 593(3) only when you lost the job through misconduct in connection with the employment. If you are found ineligible, you may request a hearing within 30 days from the date of the determination.
Have any severance agreement reviewed before you sign.

Check the release, the confidentiality and non-disparagement clauses, the review and revocation periods, and how the payments are scheduled. See the red flags below.
Ask for your final pay and benefits information in writing.

When your pay stops, what happens to accrued time and bonuses under your agreement or policy, and when health coverage ends.
Stay off social media about the job.

Posts about your employer or your plans can be used in litigation.

While you look for work

Keep a dated job-search log.

Every application, interview, offer and rejection, with copies of the postings. Lost pay is reduced by what you earn or could with reasonable diligence earn after the firing (Cornell v. T.V. Development Corp., 17 N.Y.2d 69 (1966); 42 U.S.C. § 2000e-5(g)(1)).
Talk to counsel before turning down comparable work.

The employer carries the burden of proving you did not make a diligent effort to mitigate, and a documented search is how you answer that defense.

The deadlines that matter

Claim	Deadline	Source
EEOC charge (Title VII, ADA, ADEA)	300 days after the act in New York	42 U.S.C. § 2000e-5(e)(1); EEOC, Time Limits for Filing a Charge
NYS Division of Human Rights complaint (NYSHRL)	3 years after the act	Executive Law § 297(5)
NYSHRL lawsuit in state court	3 years	CPLR 214(2); Executive Law § 297(9)
Whistleblower retaliation (Labor Law § 740)	2 years after the retaliatory action	Labor Law § 740(4)(a)
Labor Law retaliation (§ 215: pay, hours, leave)	2 years after the violation; notice to the Attorney General at or before filing	Labor Law § 215(2)
Workers' compensation retaliation (§ 120)	2 years, complaint to the Workers' Compensation Board	Workers' Compensation Law § 120
Unemployment hearing after a denial	30 days from the date of the determination	NYS Department of Labor
Federal employees	Generally 45 days to contact the agency EEO counselor	EEOC, Time Limits for Filing a Charge

Deadlines run from the date of the act and can be shorter or longer on particular facts (tolling, continuing violations, public-employer notice-of-claim rules). Treat the earliest one that might apply as yours.

Severance agreement red flags

A release of "any and all claims" signed before anyone has looked at what those claims are worth.
If you are 40 or older: fewer than 21 days to consider (45 in a group program), no 7-day revocation period, no written advice to consult a lawyer, or no specific reference to the ADEA (29 U.S.C. § 626(f)).
A confidentiality clause in an agreement resolving a discrimination, harassment or retaliation claim that you did not choose, or that bars you from taking part in an agency investigation or from disclosing facts needed for unemployment or other public benefits (General Obligations Law § 5-336).
A clause that makes you pay liquidated damages or give back the severance for breaking a nondisclosure or non-disparagement clause, or that makes you state you were not discriminated against: GOL § 5-336(3) makes such a release unenforceable.
Severance paid as weekly salary continuation: under Labor Law § 591(6) no unemployment benefits are paid for a week of the dismissal period when weekly dismissal pay exceeds the maximum weekly benefit rate plus the partial benefit credit.
A new non-compete, non-solicitation or no-rehire clause added to the separation papers.

The full list, and what is usually negotiable, is on our Long Island severance agreement lawyer page.

New York is at-will, but not unlimited

New York's at-will doctrine means that in most situations an employer can end employment at any time, for any lawful reason, without advance notice. Unfair is not the same as unlawful. A firing becomes actionable when it falls into one of these exceptions:

Discrimination because of race, color, sex, national origin, religion, age, disability, pregnancy, sexual orientation, gender identity, marital status, or another class protected by Title VII, the ADEA, the ADA, the NYSHRL or the NYCHRL. See employment discrimination.
Retaliation for protected activity. See employer retaliation.
Breach of contract, where a written agreement or union contract limits when and how you can be terminated.
Constructive discharge, where the employer makes conditions so intolerable that a reasonable person would resign.

Retaliation: Labor Law § 215 and § 740

Two New York statutes cover most firings that follow a complaint, and they are usually pleaded together.

Labor Law § 215 bars an employer from discharging, threatening, penalizing or retaliating against an employee who complained to the employer, the Labor Commissioner, the Attorney General or any other person about conduct the employee reasonably and in good faith believes violates the Labor Law, or who used a legally protected absence. The complaint does not have to cite a section of the law. The employee may sue within two years after the violation; the court may order reinstatement or front pay, lost compensation and damages, costs and attorney's fees, and must award liquidated damages of up to $20,000. Notice of the action is served on the Attorney General. Section 215 does not apply to employees of the State or its municipal subdivisions.

Labor Law § 740 bars retaliatory action against an employee who discloses or threatens to disclose, to a supervisor or a public body, an activity, policy or practice the employee reasonably believes violates a law, rule or regulation or poses a substantial and specific danger to public health or safety, or who objects to or refuses to take part in it. The claim must be brought within two years after the retaliatory action, and the parties are entitled to a jury trial. The court may order reinstatement or front pay, lost wages and benefits, costs and fees, a civil penalty of up to $10,000, and punitive damages if the violation was willful, malicious or wanton. More on our whistleblower page.

Public employees (State, county, town, village, school district, public authority) proceed under Civil Service Law § 75-b. A complaint about discrimination is protected by Executive Law § 296(7).

The severance agreement trap

Employers often present severance agreements at the termination meeting. The agreement almost always contains a broad release of claims, including discrimination, harassment and retaliation claims. No New York or federal rule requires an employer to give every employee time to consider it; the review periods come from specific statutes.

If you are 40 or older and the agreement waives age-discrimination claims, the Older Workers Benefit Protection Act, 29 U.S.C. § 626(f), requires at least 21 days to consider the agreement (45 days in a group termination program) and at least 7 days to revoke it after signing, plus written advice to consult an attorney. If the agreement resolves a discrimination, harassment or retaliation claim and includes a confidentiality term, General Obligations Law § 5-336 requires the term to be the complainant's preference, gives up to 21 days to consider it and 7 days to revoke, and voids terms that block participation in an agency investigation or disclosure of facts needed for unemployment and other public benefits.

Before signing, read our severance agreement review page.

Unemployment and mitigation

File for unemployment insurance as soon as you are out of work. A firing disqualifies you under Labor Law § 593(3) only if you lost the job through misconduct in connection with the employment. Labor Law § 623(2) provides that no finding of fact or law in an unemployment decision precludes litigation of any issue in a later lawsuit, so a loss at the unemployment hearing does not decide your discrimination or retaliation claim.

Lost pay in a wrongful termination case is reduced by what you earn, or could with reasonable diligence earn, after the firing (Cornell v. T.V. Development Corp., 17 N.Y.2d 69 (1966)). The employer carries the burden of proving you did not try. The job-search log on the checklist is the evidence. More on mitigation on our wrongful termination page.

Fired on Long Island? Call before you sign.

Talk with the Law Office of Jason Tenenbaum about the firing, the deadlines, and any severance agreement you were handed.

(516) 750-0595 Online Case Review

Fired in New York: FAQ

What is wrongful termination in New York?

New York is an at-will employment state, which means employers can generally fire employees for any reason or no reason at all, unless the termination violates a specific law. A firing is wrongful when it is (1) because of a protected characteristic under Title VII, the ADEA, the ADA, or the New York State or City Human Rights Law; (2) in retaliation for protected activity, such as a complaint about pay or leave (Labor Law § 215), a report of a violation of law or a danger to public health or safety (Labor Law § 740), a complaint about discrimination (Executive Law § 296(7)), or a workers' compensation claim (Workers' Compensation Law § 120); (3) in breach of an employment contract or union agreement; or (4) a constructive discharge, where the employer makes conditions so intolerable that a reasonable person would quit. Being fired unfairly is not the same as being fired unlawfully.

How long do I have to file a wrongful termination or discrimination claim in New York?

It depends on the claim. An EEOC charge must be filed within 300 days of the act in New York (42 U.S.C. § 2000e-5(e)(1)). A New York State Human Rights Law complaint can be filed with the Division of Human Rights within three years (Executive Law § 297(5)), or a lawsuit can be filed in court within three years (CPLR 214(2)). A whistleblower claim under Labor Law § 740 must be brought within two years after the retaliatory action, and a retaliation claim under Labor Law § 215 within two years after the violation. A workers' compensation retaliation complaint under Workers' Compensation Law § 120 must be filed within two years. Federal employees generally must contact the agency EEO counselor within 45 days. Breach of a written employment contract typically has a six-year statute. Contact an attorney promptly to preserve every option.

What should I do in the first 24 hours after being fired on Long Island?

Do not sign anything at the meeting; ask for copies and say you will review them. Write down the termination conversation and the timeline that led to it. Save the documents already in your possession without logging into company systems you are no longer authorized to use. Note any complaint you made before the firing, because that is what Labor Law § 215, Labor Law § 740 and Executive Law § 296(7) protect. Then file for unemployment and have any severance agreement reviewed.

How long do I have to review a severance agreement?

It depends on your age and the claims involved. If you are 40 or older and the agreement waives age-discrimination claims, the Older Workers Benefit Protection Act (29 U.S.C. § 626(f)) requires at least 21 days to consider it (45 days in a group termination program), at least 7 days to revoke after signing, written advice to consult an attorney, and a specific reference to the ADEA. If the agreement resolves a discrimination, harassment or retaliation claim and includes a confidentiality term, General Obligations Law § 5-336 gives the complainant up to 21 days to consider that term and 7 days to revoke. Outside those rules, federal and New York law set no general review period, so the deadline is whatever the employer writes in the offer. Ask for more time in writing if you need it.

Can my employer fire me for filing a workers' compensation claim?

No. Workers' Compensation Law § 120 makes it unlawful to discharge or otherwise discriminate against an employee for claiming or attempting to claim compensation, requesting a claim form, or testifying in a compensation proceeding, unless no other valid reason is shown. The complaint must be filed within two years. If the Workers' Compensation Board finds a violation, it orders the employee restored to employment and compensated for lost pay, with attorney's fees fixed by the Board, and the employer pays a penalty of $100 to $500.

Am I entitled to unemployment benefits if I was fired in New York?

Usually, unless the firing was for misconduct. Under Labor Law § 593(3), a claimant who lost employment through misconduct in connection with the employment is not eligible until the claimant works again and earns at least ten times the weekly benefit rate. Filing for unemployment does not waive a discrimination or retaliation claim, and Labor Law § 623(2) provides that no finding of fact or law in an unemployment decision precludes litigation of any issue in a later action. If the agreement resolving a discrimination claim has a confidentiality term, GOL § 5-336 makes that term void to the extent it stops you from disclosing facts needed to receive unemployment benefits. Severance paid weekly can delay benefits under Labor Law § 591(6).

Do I have to look for work while my claim is pending?

Yes. Lost pay is reduced by what you earn, or could with reasonable diligence earn, after the firing. The Court of Appeals stated that rule in Cornell v. T.V. Development Corp., 17 N.Y.2d 69 (1966), and held that the employer carries the burden of proving a lack of diligent effort to mitigate. Title VII contains the same offset (42 U.S.C. § 2000e-5(g)(1)). Keep a dated log of every application and interview.

What damages can I recover for wrongful termination in New York?

It depends on the statute. Discrimination claims under the NYSHRL can recover back pay, front pay, compensatory damages, and, against private employers, punitive damages (Executive Law § 297(9)). Labor Law § 740 allows reinstatement or front pay, lost wages and benefits, a civil penalty of up to $10,000, attorney's fees, and punitive damages if the violation was willful, malicious or wanton, and the parties are entitled to a jury. Labor Law § 215 allows reinstatement or front pay, lost compensation and damages, attorney's fees, and liquidated damages of up to $20,000. The value of a case depends on the evidence, your earnings, your mitigation efforts, and the forum.

Related Employment Pages

Long Island Wrongful Termination Lawyer Employer Retaliation (§ 215, § 740, § 296(7)) Severance Agreement Review Whistleblower Retaliation (§ 740) Wage and Hour Claims All Employment Law Topics

Attorney advertising. Prepared by the Law Office of Jason Tenenbaum, P.C., 326 Walt Whitman Rd, Suite C, Huntington Station, NY 11746. This checklist is general information, not legal advice; deadlines and remedies depend on the facts. Laws change; statutes cited were checked on October 15, 2026.