If you suspect that you have been unlawfully terminated from your job in New York state, you should know that there is a three-step legal analysis that you can use to determine whether you have a viable legal claim. This analysis is used by federal and New York state courts to determine whether an employee has a valid claim for unlawful termination based on discrimination.

Step one of this analysis requires you to demonstrate facts establishing what at first blush looks like discrimination  (this is called a "prima facie" case). This entails you alleging facts that show four things:

1. Membership in a protected category: You must be able to show that you belong to a group of people that are protected from discrimination under the law. Examples of protected classes include race, religion, gender, age, sexual orientation, ethnicity, and national origin.

2. That you were qualified to keep your job: This can be based on positive performance reviews or raises and bonuses, which raise the inference that you were performing satisfactorily.

3. Termination: You must be able to show that you were fired, rather than that you quit, resigned, or abandoned your job.

4. Causation: This means that your termination was caused by unlawful discrimination.  This can include showing that the decisionmaker made comments associated directly or indirectly with your membership in a protected class (i.e., derogatory or stereotypical comments about people in your category) or treated others outside of the protected category more favorably.

Step two of the legal analysis allows your employer to offer a legitimate non-discriminatory reason for your termination. If they are able to do this, then you must move on to step three.

Step three allows you to offer evidence that the reason offered by your employer was pretextual (false). If you are able to do this, it leaves only the prima facie discrimination to explain your termination.

Assessing Damages: If you are able to successfully establish your claim, you may be able to recover "damages," which means you may be compensated for your lost wages. You may also be able to shift the cost of your attorneys' fees to your employer, even if you were represented by an attorney working on a contingency fee basis.  Generally speaking, the value of your legal claim scales with your compensation because you are being made whole for your lost wages and the more highly compensated you were at your job, the more wages you will have lost for each week that you are unemployed as a result of your termination.  You are obligated to take steps to reduce the damage you have suffered by taking reasonable steps to secure other suitable employment and, if you are unable to do so, at some point you will need to lower your sights and take a job that is less suitable than the one you lost.  If you fail to take these steps, a court may reduce your damages award accordingly or the employer may be willing to offer you less in settlement than if you were able to demonstrate that you engaged in reasonable job search efforts. 

If you are unable to return to the workforce (perhaps because you are close to retirement age), you may also be able to recover "Front pay" representing some period of lost wages extending into the future.

You may also be entitled to additional damages to compensate you for any emotional distress that you experienced as a result of the unlawful termination of your employment.  It is common for people to suffer from negative emotions or to have symptoms such as anxiety or depression, which may necessitate counseling or other forms of mental health care.  If you experience negative emotions or symptoms, you may be able to obtain additional money as compensation for your emotional pain and suffering.

In summary, if you believe that you have been unlawfully terminated because of discrimination, you should consider whether you can demonstrate a prima facie claim of discrimination. If you are able to do so, and if you were highly compensated or expect that you will lose a lot of compensation before you are able to find another suitable job, you may have a significant legal claim.  If so, you should consult with an employment attorney.