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 point. Essentially, 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 essential 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 procedures.

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

In a New York at-will employment, discrimination is the most common unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. An employer also may not fire an at-will employee in retaliation for the employee initiating an investigation into discrimination or filing a legal claim of discrimination against the Dobbs Ferry employer.

Additionally, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. Lastly, employers may not terminate workers who exercise their legal rights, perform a legal obligation, or refuse to commit an illegal act.

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

In Dobbs Ferry, New York, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in collecting the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.