Under certain circumstances, you may be eligible to seek punitive damages for wrongful termination in New York. However, these damages are awarded only in cases where the employer's conduct was particularly egregious or malicious.
Understanding Punitive Damages in New York
Punitive damages are intended to punish the employer and deter similar behavior.
These are rare in wrongful termination cases and typically awarded when there is:
- Intentional or malicious conduct: The employer acted with the intent to harm or discriminate.
- Violation of anti-discrimination laws: Termination was based on race, gender, age, disability, religion, etc.
- Retaliation: You were fired for lawfully filing complaints or participating in investigations.
For example, an employee once received $500,000 in punitive damages due to proven disability discrimination.
Emotional Distress and Other Damages
You may also be entitled to compensation for:
- Emotional distress (e.g., anxiety, depression)
- Other mental suffering caused by the termination
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Can I get punitive damages for wrongful termination?
I understand your concern. Can you tell me more about the circumstances surrounding your termination?
I was fired for misconduct, appealed and won. The process causing the misconduct was stressful.
Were there any specific incidents or reasons that led to your termination that you believe were wrongful?
Yes.
Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with wrongful termination.
Yes.
Hello, my name is Andres Sanchez, an attorney with 20 years of experience.
What state did the wrongful termination take place in?
New York.
Under certain circumstances, you may be eligible to seek punitive damages for wrongful termination in New York. However, these damages are awarded only in cases where the employer's conduct was particularly egregious or malicious.
Understanding Punitive Damages in New York
Punitive damages are intended to punish the employer and deter similar behavior.
These are rare in wrongful termination cases and typically awarded when there is:
- Intentional or malicious conduct: The employer acted with the intent to harm or discriminate.
- Violation of anti-discrimination laws: Termination was based on race, gender, age, disability, religion, etc.
- Retaliation: You were fired for lawfully filing complaints or participating in investigations.
For example, an employee once received $500,000 in punitive damages due to proven disability discrimination.
Emotional Distress and Other Damages
You may also be entitled to compensation for:
- Emotional distress (e.g., anxiety, depression)
- Other mental suffering caused by the termination
If I filed a complaint with the Division of Human Rights, would they have to finish their investigation prior to me filing a case?
In New York, once you file a complaint with the New York State Division of Human Rights (DHR), your ability to file a separate civil lawsuit becomes limited — unless you follow a specific procedure.
If You Filed with DHR First:
- You cannot file in court while the DHR is handling the same claim.
- DHR has exclusive jurisdiction once they accept your complaint.
- If DHR finds no probable cause, it may bar your civil suit.
- If they find probable cause, they’ll schedule a public hearing with an administrative law judge.
To Preserve Your Right to Sue:
- You must withdraw your complaint with DHR before they issue a final decision.
- Then, request a Right to Sue letter.
- After that, you may file your case in state or federal court.
Would I have to wait until the Division of Human Rights finishes their investigation for a complaint I made on this employer?
Not necessarily — you do not have to wait for the DHR to finish investigating.
If you want to file in court instead, you can:
- Withdraw your complaint from the DHR, and
- Request a Right to Sue letter before they issue a decision.
