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. Work arrangements that are based on an employment contract are often not "at will", and so they cannot be terminated except according to the contract provisions.
What are the Illegal Grounds for Terminating At Will Employment in New York?
In the state of New York, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are prohibited from terminating their employees on the basis of race, gender, religion, or nationality. An employer also may not fire an at-will employee in retaliation for the employee starting an investigation into discrimination or filing a legal claim of discrimination against the Colonie employer.
Additionally, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a New York Attorney for My Wrongful Termination Case?
A local Colonie, New York attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.