Can I Be Fired Even If I Did Some Things Right?
Yes, your employer can legally fire you for performance issues—even if you had some successes along the way. That is exactly what happened in Uttarwar v. Lazard Asset Management LLC, 2025 WL 704278 (2d Cir. 2025), where the United States Court of Appeals for the Second Circuit upheld the firing of an employee despite his argument that he had done some good work and suffered a wrongful termination based on employment and FMLA retaliation.
The law does not just take your employer’s word for it when your boss fires you. Under a legal test called the McDonnell Douglas burden-shifting framework, you can challenge their reasoning. However, before you get to that point, you must first provide some evidence that may have played a role – such as race/color, gender, religious, age, or sexual orientation discrimination. Alternatively, you could show that the likely reason was retaliation for engaging in protected activities – such as workers’ compensation retaliation, requestion leave under the Family and Medical Leave Act (“FMLA”), or disability discrimination for seeking a work accommodation. Once you do that, your employer has to provide a supposedly legitimate reason for the firing—like poor performance or a reduction in force (“RIF”). But here is where it gets interesting: if their reason is just a cover-up, you get the chance to prove it was pretext, meaning an excuse to hide the real reason – discrimination or retaliation.
In Uttarwar, the employee, Manmohan Uttarwar, was fired from his Senior Vice President position at Lazard Asset Management LLC (“LAM”). He argued that he was wrongfully fired for discriminatory and retaliatory reasons, including based on religion, race, and national origin discrimination, as well in violation of the FMLA. However, his employer pointed to a RIF and multiple documented performance issues. Uttarwar counter by pointing to two positive emails from other managers. The Second Circuit Court of Appeals held that even though Uttarwar may have done some things well, his poor performance evaluations and the company’s broad workforce reduction were legitimate reasons for firing him. The Court made it clear that an employer “may select an employee for termination because of ‘unsatisfactory work performance,’” even if other factors are at play. Id.
Best Wrongful Termination Attorney Blogs on Point:
- Yes, You Can Be Denied a Promotion for Failing a Qualification Test
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- Yes, You Can Get A Poor Review For Falling Asleep At Work And Leaving Early
- Yes, You Can Be Fired For Screwing Up Brain Surgeries
What If My Employer Used A Reduction In Force As An Excuse To Fire Me?
Employers love to throw around ‘Reduction in Force’ as a magic phrase that justifies firing you. But guess what? Courts have caught on to this trick. A RIF can be legitimate, but that does not mean it is automatically legal. RIF is not a bulletproof defense. If only employees in certain protected groups—such as by race, gender, gender identity, or age—are targeted, or if better-performing employees were let go while others stayed, the RIF excuse may not hold up. In Uttarwar, the Second Circuit Court of Appeals ruled that a company-wide reduction in force can be a legitimate reason—but only if there is no discriminatory intent behind the selections.
Best Reduction In Force Employee’s Rights Lawyer Blogs on Point:
- Reductions In Force and Employer Liability Under Title VII, ADEA, and ADA
- Can I Be Fired During FMLA Leave For A Reduction In Force?
What If I Disagree With My Performance Review?
Many employees facing wrongful termination disputes argue that their bad reviews were unfair or that someone else in management supported their work. Unfortunately, courts have consistently held that an employee’s disagreement with a performance evaluation is not enough to prove a claim for wrongful termination base on discrimination or retaliation. The Second Circuit Court of Appeals in Uttarwar held that even if a plaintiff could show that one manager thought he was doing well, this did not mean that another manager could not think otherwise. The Court ruled that “the mere fact that [plaintiff] may disagree with [his] employer’s actions or think that [his] behavior was justified does not raise an inference of pretext.” Id.
This means that even if you have emails or feedback showing that you did some things well, if there are documented performance issues from your boss, your employer can rely on those to justify your firing. The only way to challenge this is to prove that the bad reviews were not just incorrect but were actually motivated by discrimination or retaliation.
Best Employment Discrimination Law Firm Blogs on Point:
- Employer’s Lies Are Called Pretext
- How Do I Prove Pretext For My Wrongful Termination?
- Can I Prove My Employer Lied About Why I Was Fired?
- What Can I Do If My Manager Revenge Lied To HR?
How Do I Prove That I Was Wrongfully Fired For Discrimination Or Retaliation?
Winning a wrongful termination case means showing that the real reason for your firing was or retaliation—not just poor performance. This requires more than just saying your firing was unfair. You need evidence that your employer’s stated reason was a cover-up for unlawful motives.
In Uttarwar, the Court made clear that an employee must provide direct or circumstantial evidence of discriminatory intent. Just showing that you were fired after taking medical leave or after complaining about is not enough. The Second Circuit Court of Appeals held that “temporal proximity alone is insufficient to defeat summary judgment.” Id. This means that if you were fired right after taking FMLA leave, you still need more proof, such as inconsistent employer explanations, unfair application of policies, or discriminatory remarks.
What should I do if I was wrongfully fired today?
If you believe your firing was wrongful termination or that you were discriminated against because you are Black, older, disabled or gay, you should immediately consult an employment law attorney. You need to gather documentation of your treatment at work, compare how others were treated, and look for inconsistencies in your employer’s explanations. Keep copies of performance evaluations, emails, and any evidence showing that your firing was unfair. Most importantly, contact the best employment law lawyer near you as soon as possible.
You need a firm that is built to win. Spitz, The Employee’s Law Firm, is one of the largest employee-rights law firms in the United States. Our employment law attorneys have gone toe-to-toe with big companies and won. We offer a free initial consultation and a no-fee guarantee—you do not pay unless we win your case. Your employer had a plan to fire you. Now, you need a plan to fight back. Call us today and let us make them regret their decision.
Employment Lawyer Disclaimer
This employee’s rights blog is for general informational purposes only and should not be taken as legal advice about your potential employment discrimination, retaliation, or wrongful termination case. Reading this blog does not create an attorney-client relationship between you and any employment law attorney at our firm. If you believe you have a legal claim related to your race, gender, LGBTQ+ status, age or FMLA use, you should consult with a qualified employment lawyer for personalized advice. Every case is unique, and past results do not guarantee future outcomes. The information provided here is not a substitute for legal representation, and no promises or assurances are being made regarding the success of any claim. Laws vary by state and jurisdiction, and what applies in one case may not apply to another. This employment blog is an advertisement for legal services.