Wrongful Termination Q&A with Employment Attorney Charles Joseph

Nearly 20 million Americans were laid off or discharged in 2023, according to the Bureau of Labor Statistics. And some of those workers were fired illegally.

Wrongful termination laws protect your rights. But how do you know if you were wrongfully terminated? How can you prove your case? And how much does it cost to sue for wrongful termination?

New York employment attorney Charles Joseph has decades of experience winning wrongful termination lawsuits. In this Q&A, Charles answers common questions about wrongful termination.

Not sure if you were fired illegally? Check out our What is Wrongful Termination FAQ.

How do I know if I was wrongfully terminated?

Getting fired can feel wrong, even if it doesn’t meet the legal definition of wrongful termination. What’s the difference between wrongful termination, which is illegal, and an unfair or unjust firing, which might be legal?

Ask yourself this: was I fired for an illegal reason? It’s legal to fire someone for a good reason, a bad reason, or no reason at all. But it’s illegal to fire someone because of their race, gender, sexual orientation, religion, disability status, or other protected category. It’s also illegal to fire you for being a whistleblower or as an act of retaliation.

You can reach out to an employment attorney to learn more about if your dismissal qualifies as a wrongful termination.

Learn more with our resources on wrongful termination vs. unfair dismissal.

How do you prove wrongful termination?

Proving wrongful termination can be challenging. Your employer might argue that your termination was legal – and sometimes employers even fabricate reasons to cover up illegal terminations.

An employment lawyer can help you prove wrongful termination. You can also strengthen your case by keeping records related to your work performance and any evidence about why you were illegally dismissed.

For example, keep copies of emails, text messages, or other communications that disprove your employer’s pretext for firing you. You can also ask coworkers or former coworkers if they’d be willing to act as witnesses. 

How much can you get for wrongful termination?

The amount you can get for wrongful termination depends on your salary and the facts of the case. For example, employment lawyers often open negotiations by asking for three or more times your annual salary. Employers often push back and try to limit settlement payouts.

In my experience, without egregious facts, wrongful termination cases will not likely reach a settlement worth more than two years pay. However, settlements can be much more, and if a client chooses not to settle but rather to proceed to verdict, the settlement can be significantly more. 

Cases with shocking facts or cases against employers that want very much to conceal the information that will become public if you file a complaint can settle for multiple years of pay, sometimes in the hundreds of thousands or even in the seven figures. 

How often are wrongful termination cases won?

There’s no one answer on how often wrongful termination cases are won. That’s because settled cases may include a confidentiality clause. If you have a strong case, your employer may decide to settle rather than going to court.

In about 95% of cases, a settlement is reached well before the case goes to a jury. 

Ultimately, the facts of the case and the fears of the employer will determine how hard it is to win and how much it’s worth.

Keep in mind that it can take as little as a couple weeks or up to a year to settle a wrongful termination case.

How long does wrongful termination case take?

Unfortunately, the legal system can move slowly. It often takes months or even years to resolve a wrongful termination lawsuit. Sometimes, companies want to settle wrongful termination cases quickly. In other cases, they can drag on.

If your case goes to trial, that adds time. An employment lawyer can help negotiate a settlement with your former employer, which typically takes less time than a trial. 

How long do you have to sue for wrongful termination?

As soon as you’re fired, the clock starts ticking on the time you have to file a lawsuit. In New York, you have as little as 30 days or as long as 3 years, depending on the case.

That means it’s important to reach out to an employment lawyer soon to learn whether you have a case. 

How much does a wrongful termination lawyer cost?

The cost of a wrongful termination lawyer depends on how your attorney charges. Some lawyers charge an hourly rate, and when cases drag on for months, the cost can add up.

However, many employment lawyers work on contingency. That means you’ll only pay your lawyer if you win the case. Most agreements split any settlement between the client and lawyer, with the client taking home two-thirds and the lawyer receiving one-third. If you don’t receive a settlement, your attorney does not charge you anything. 

My firm and I work like this, on a one third contingency, no fee unless you recover money. 

Charles Joseph has over two decades of experience in employment law and wrongful termination. He is the founder of Working Now and Then and the founding partner of Joseph and Kirschenbaum, a firm that has recovered over $140 million for clients. 

Think you were a victim of wrongful termination? Reach out for a free consultation today.