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 does not fall into the category of "at will" is not subject to the same restrictions. Thus, it is essential that you identify what type of employment arrangement you are involved in. Typically, if your employment arrangement was for a set term, it is not "at will", and the employment can only be terminated according to procedure contained in the contract.

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 barred from terminating their employees on the basis of race, gender, religion, or nationality. An employer in Elmira also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or prompting an investigation of discrimination against the 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 are prevented from terminating 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?

A local Elmira, New York attorney can better inform you about whether a wrongful termination has occurred, and will also help in collecting the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.