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 critical that you identify what type of employment arrangement you are involved in. Generally, 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 Elmsford 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.

Furthermore, 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?

In Elmsford, 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 preparing the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.