New York Wrongful Termination attorney

Employment Lawyers Representing New York City Workers

Hospitality providers rely on maintaining strong relationships with their customers. If you are employed at a restaurant, bar, hotel, or leisure establishment, you likely spend significant time addressing customers' needs and preferences. In exchange, you expect fair treatment and proper compensation as mandated by law. Unfortunately, hospitality employers in New York City sometimes neglect their responsibilities by violating anti-discrimination statutes at the federal, state, or local levels or by paying employees off the books, which can result in serious wage and hour violations. The New York City employment attorneys at Arcé Law Group are committed to helping hospitality industry workers with claims involving discrimination, harassment, wage and hour disputes, unlawful termination, retaliation, violations of the Family and Medical Leave Act (FMLA), and more.

Protect your career with a wrongful termination lawyer in New York City. Get trusted legal support for hospitality workers—contact us online today or call (866) 426-7182!

What Constitutes Wrongful Termination in New York City?

Wrongful termination refers to being fired or laid off for reasons that violate federal, state, or local law. In New York City, common grounds for a wrongful termination claim include dismissal based on protected characteristics such as race, gender, age, religion, disability, or sexual orientation, as well as retaliation for reporting discrimination, wage violations, or unsafe working conditions. However, because New York functions as an "at-will" employment state, not every firing qualifies as wrongful termination. It's vital to recognize that although employers in New York City are granted discretionary authority when making employment decisions, they cannot infringe on legally protected rights or act against public policy as outlined by city and state statutes. At Arcé Law Group, our wrongful termination attorneys in New York City work with clients to assess their unique circumstances and determine the best path forward under city, state, and federal laws.

Additionally, New York City extends workplace rights through the New York City Human Rights Law (NYCHRL), providing broader protections than many other jurisdictions. Wrongful termination may occur if your firing is connected to marital status, caregiver responsibilities, or status as a victim of domestic violence. Our legal team helps clients collect essential evidence—such as supervisor communications, performance appraisals, and witness statements—while safeguarding confidentiality and supporting your professional reputation. Our personalized approach to wrongful termination claims ensures we carefully analyze all local, state, and federal regulations, allowing our clients to pursue the most effective strategies and seek justice in New York City's dynamic workforce.

Steps to Take After Suspected Wrongful Termination in NYC

If you believe your termination was unlawful, taking swift and informed action can significantly increase your chances of a favorable result. Start by documenting key events leading to your dismissal, maintaining copies of all correspondence, disciplinary records, and written notices from your employer. Ask for a written explanation for your termination if feasible, and collect your employment contract, employee handbook, pay stubs, and any material showing changes in work conditions. New York City imposes strict deadlines for filing wrongful termination claims with agencies like the New York City Commission on Human Rights or the Equal Employment Opportunity Commission (EEOC). Missing a deadline could limit your claims, so contact a wrongful termination lawyer in New York City as soon as possible to review your options.

At Arcé Law Group, we guide clients through each stage of the evaluation and filing process, leveraging our deep familiarity with New York City agency protocols and local courts. Our team helps with drafting complaints, responding to employer objections, and outlining remedies such as reinstatement, back pay, or future job protections. We are dedicated to transparent communication and will explain each step, including realistic timelines and remedies unique to NYC. With our accessible offices throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, qualified wrongful termination attorneys in New York City are always available to provide support and answers.

Hospitality Industry Claims

Some of the most important legal matters in the hospitality industry involve wage and hour and overtime claims based on violations of the Fair Labor Standards Act (FLSA) or state labor laws. Under the FLSA, tipped employees are those who customarily receive more than $30 a month in tips. Hospitality workers in New York City often rely on tips to supplement their income. Employers may not use your tips for any purpose other than taking a legal tip credit against minimum wage obligations or participating in a valid tip pool. The minimum cash wage for tipped employees under the FLSA is $2.13, with a maximum tip credit of $5.12 per hour. In certain cases, employers may also claim an overtime tip credit against their obligation to pay you overtime wages.

New York City enforces wage and hour protections that frequently exceed federal standards. For example, the minimum wage for hospitality workers in New York is often higher than the federal minimum, and employers throughout the five boroughs are legally required to provide paid sick leave and safe/sick time. These expanded protections offer vital safeguards for hospitality employees vulnerable to wage theft or inadequate workplace accommodations. Comprehensive record-keeping of hours worked, tips received, and discrepancies in pay can be critical for asserting a strong claim under city and state law. At Arcé Law Group, our legal team educates employees on their right to these protections and helps build robust claims based on complete documentation.

Independent Contractor & Employee Misclassification in New York City

One persistent challenge in NYC's hospitality industry involves the misclassification of workers—particularly when interns, freelancers, or trainees are labeled as independent contractors even though they perform the full duties of employees. Companies may use this tactic to avoid compliance with wage, hour, or benefits laws. Workers incorrectly classified miss out on overtime pay, minimum wage, unemployment insurance, or workers' compensation. New York labor law judges misclassification based on the reality of the employment relationship, such as the employer's control over work schedules, required duties, or provided equipment, instead of relying solely on job titles or contracts.

Misclassified employees may be eligible for back pay or additional damages under local laws. Our wrongful termination lawyers in New York City carefully review contracts, schedules, pay structures, and workplace responsibilities to establish your proper classification under city, state, and federal rules. Because many hospitality businesses in NYC operate seasonally or rely on flexible labor, our experience navigating these cases allows us to advocate for your full protections and financial rights under the law.

Discrimination & Wrongful Termination Protections in NYC

Discrimination remains a significant problem within New York City workplaces—particularly in the hospitality sector. Federal regulations, such as Title VII of the Civil Rights Act of 1964, bar employers from discriminating based on sex, race, national origin, religion, or color. While Title VII applies to private employers with 15 or more employees, New York State and NYC laws expand broader coverage to smaller employers and add more protected categories, including marital status, caregiver status, sexual orientation, gender identity, and more. Discriminatory discharge or harassment based on these categories can create grounds for a wrongful termination lawsuit.

The New York City Human Rights Law is one of the most comprehensive civil rights statutes nationwide, banning disparate treatment and disparate impact discrimination in virtually all workplaces. As one of the most diverse hospitality markets in the United States, local NYC law anticipates subtle forms of workplace bias and offers stronger remedies for employees who experience discriminatory actions. At Arcé Law Group, our wrongful termination attorneys help hospitality workers understand their rights, navigate local regulatory processes, and pursue optimal legal remedies for unlawful discharge or unfair treatment.

Pursuing Disparate Impact & Neutral Policy Claims

Not all forms of discrimination are direct or intentional. Sometimes, New York City employers implement neutral-sounding policies—such as blanket criminal background checks—that disproportionately affect protected groups. In disparate impact cases, an employee or applicant must show that a policy causes a significant negative outcome for a particular group, even when it isn't overtly discriminatory. In NYC, these cases may be brought under both Title VII and the New York City Human Rights Law, giving workers robust options to challenge company practices and prompt positive change in employer hiring protocols.

Pursuing this kind of claim often requires meaningful statistical analysis, evidence of company-wide trends, and testimony from affected groups. We work closely with clients to gather the necessary facts and build a compelling evidentiary record. Our wrongful termination lawyers in New York City are committed to holding businesses accountable for the real-world effects of their employment practices—helping workers assert their rights and improve workplace conditions citywide.

Sexual Harassment & Hostile Work Environment Claims in NYC

Hospitality industry workers in New York City face unique risks of sexual harassment from customers, supervisors, and coworkers. Actions that constitute harassment include inappropriate jokes, unwelcome physical contact, coercive requests for sexual favors, public displays of offensive images, remarks about a person's gender or sexuality, and improper sexual gestures. While a single egregious incident may be actionable, most claims arise when harassment is severe or pervasive enough to create a hostile work environment. In New York, it is illegal for an employer to tie employment decisions—such as promotions, pay raises, or termination—to the acceptance of unwelcome sexual conduct.

NYC laws require employers to take prompt corrective action when harassment is reported. If you are facing or have faced sexual harassment in a hospitality workplace, our wrongful termination lawyers in New York City help you document misconduct, assess legal remedies, and hold employers accountable under the strongest available statutes—including the NYCHRL. Our approach ensures employee dignity, safety, and empowerment remain central in every case.

Contact a Knowledgeable Employment Attorney in New York City

Bryan Arcé has a strong background in the culinary field and a nuanced understanding of the employer-employee relationship within New York City's hospitality sector. The New York City employment lawyers at Arcé Law Group are ready to help you file a hospitality industry claim or address wrongful termination issues. We represent workers across Manhattan, the Bronx, Brooklyn, Queens, and Staten Island, and our offices in Newark and Philadelphia enable us to serve employees in New Jersey and Pennsylvania as well. 

Call us at (866) 426-7182 or use our online form to set up a free appointment if you need a wrongful termination attorney in New York City.