[NY] [NY] Can I get punitive damages for wrongful termination?

Lexi, Chatbot

I understand your concern. Can you tell me more about the circumstances surrounding your termination?

Lexi, Chatbot

Were there any specific incidents or reasons that led to your termination that you believe were wrongful?

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you?

Andres Sanchez

Hello, my name is Andres Sanchez, and I’m an attorney with 20 years of experience. What state did the wrongful termination take place in?

Andres Sanchez

Yes — under certain circumstances, you can seek punitive damages for wrongful termination in New York, but they’re only awarded in cases where the employer’s behavior was especially egregious, malicious, or intentional. (NY Lab L § 740(e))

Understanding Punitive Damages in New York

Punitive damages are meant to punish an employer for outrageous conduct and deter others from engaging in similar actions. In New York, these damages are rare in wrongful termination cases and are usually tied to discrimination or retaliation claims, not simple unfair treatment.

To qualify for punitive damages, you must show:

1. Intentional or Malicious Conduct:

The employer acted deliberately to harm, retaliate, or discriminate against you.

2. Violation of Anti-Discrimination Laws:

You were terminated because of a protected characteristic — for example, race, gender, disability, religion, or age.

3. Retaliation:

The firing was in response to lawful actions such as reporting harassment, filing a complaint, or participating in an investigation.

• Example: In one New York case, an employee was awarded $500,000 in punitive damages after proving clear evidence of disability discrimination.

4. Other Possible Damages

Even if punitive damages don’t apply, you might still be entitled to emotional distress or compensatory damages for stress, anxiety, or depression caused by the termination.

Andres Sanchez

That’s a great question. In New York, once you file a complaint with the Division of Human Rights (DHR), you generally cannot file a separate civil lawsuit on the same issue at the same time.

Here’s how it works:

If You Filed with DHR First:

• DHR has exclusive jurisdiction once your complaint is accepted.
• You can’t file in court unless you withdraw your complaint from DHR before they issue a final decision.
• If DHR finds no probable cause, you usually can’t bring the same claim in court later.
• If DHR finds probable cause, they’ll move forward with a public hearing before an administrative law judge.

If You Want to Sue Instead:

You can withdraw your DHR complaint and request a “Right to Sue” letter. Once that’s issued, you’re free to file in state or federal court.

Andres Sanchez

Not necessarily — you don’t have to wait for DHR to finish the investigation if you withdraw your complaint before a final decision is made. That’s the key.

Once withdrawn, you can immediately pursue your case in court with a “Right to Sue” notice.

Do you have any other questions?