Employment in the state of New York is mostly considered to be "at-will" employment. "At will" means that for any reason, both the employer or the worker may end the work relationship at any time. Basically, the only limitation or exception in an "at will" employment is that the termination must not conflict with the law.

Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is crucial to discover whether your employment is so classified. If an employment contract specifying a time for employment is involved for your work arrangements, then employment is not "at will", and termination can only be done following the terms of the contract.

What are the Illegal Grounds for Terminating At Will Employment in New York?

Discrimination is the most common illegal grounds for terminating an employee in New York. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer in Ballston Spa also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or seeking an investigation of discrimination against the employer.

Also, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employers are prevented from firing an employee because they have exercised a legal right, performed a legal obligation, or have refused to do something that is illegal.

Do I Need a New York Attorney for My Wrongful Termination Case?

Local Ballston Spa, New York lawyers can properly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.