Practice Areas
Wrongful Termination
New York is an at-will employment state — but at-will does not mean anything goes. When an employer fires someone for an illegal reason, that is wrongful termination. Sean O'Hara holds them accountable.
At-Will Employment Has Limits
Most New York employees can be terminated at any time, for any reason — or no reason at all. That is the at-will doctrine. But the doctrine has significant exceptions, and employers frequently cross them.
A termination is wrongful when it violates a federal or state statute, a contract, or a clear public policy. The most common wrongful termination claims involve discrimination, retaliation, and breach of an employment agreement — but the category is broader than most employees realize.
Employers rarely admit the real reason for a firing. They cite performance issues, restructuring, or budget cuts. Sean O'Hara has spent over 15 years cutting through those explanations to expose what actually happened — and building the evidentiary record to prove it.
If you were fired and something feels wrong, trust that instinct. A confidential consultation costs nothing and could change everything.
Grounds for a Wrongful Termination Claim
Discriminatory Discharge
Firing an employee because of their race, sex, age, disability, national origin, religion, sexual orientation, or other protected characteristic violates Title VII, the ADEA, the ADA, and New York law. These are among the most common and most litigated wrongful termination claims.
Retaliatory Termination
Terminating an employee for reporting harassment, filing a discrimination complaint, requesting a reasonable accommodation, taking protected leave, or blowing the whistle on illegal conduct is retaliation — and it is independently actionable even if the underlying complaint was not successful.
Breach of Employment Contract
When an employer promises job security — through a written contract, an offer letter, or a personnel handbook — and then fires an employee in violation of those terms, the employee may have a breach of contract claim. Sean reviews employment agreements carefully to identify enforceable protections.
Violation of Public Policy
New York prohibits terminations that violate a clear public policy — for example, firing an employee for serving on jury duty, filing a workers' compensation claim, or refusing to participate in illegal activity. These claims exist even without a formal anti-discrimination statute.
WARN Act Violations
Employers with 100 or more employees must provide 60 days' advance notice before a mass layoff or plant closing under the federal WARN Act. New York's mini-WARN Act extends these protections further. Employees denied proper notice may be entitled to back pay and benefits.
Constructive Discharge
When an employer makes working conditions so intolerable — through harassment, demotion, or hostile treatment — that a reasonable employee is forced to resign, the law treats that resignation as a termination. Constructive discharge is wrongful termination even without a formal firing.
How Sean Builds Your Case
Confidential Case Evaluation
Sean listens to the full story, identifies every legal theory that may apply, and gives an honest assessment of the claim's strength — including the risks and realistic outcomes.
Uncovering the Real Motive
Employers disguise illegal terminations as legitimate business decisions. Sean uses comparator evidence, internal communications, timing, and inconsistencies in the employer's stated reasons to expose pretext.
Preserving Critical Evidence
Performance reviews, disciplinary records, emails, and HR files can disappear quickly after a termination. Sean moves fast to identify and preserve the evidence that tells the real story.
Agency Filings
Discrimination-based wrongful termination claims typically require an EEOC or New York State Division of Human Rights charge before proceeding to court. Sean handles the entire administrative process.
Negotiation & Litigation
Most wrongful termination cases resolve through negotiation or mediation. Sean's trial record gives him leverage at the table — and he is fully prepared to take the case to a jury when a fair resolution is not offered.
Full Damages Recovery
Wrongful termination victims may recover back pay, front pay, lost benefits, compensatory damages for emotional distress, punitive damages, and attorneys' fees. Sean fights for every dollar his clients are owed.
Frequently Asked Questions
Think You Were Wrongfully Fired?
Filing deadlines are strict and can be as short as 180 days. Contact Sean O'Hara today for a confidential consultation.
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