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 does not fall into the category of "at will" is not subject to the same restrictions. Therefore, it is important that you identify what type of employment arrangement you are involved in. Usually, 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 a New York at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. Employers in Freeport may also not terminate at-will employees as an act of retaliation if they have filed a legal discrimination claim or prompted an investigation into discrimination.
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, an employer may not fire an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.
Do I Need a New York Attorney for My Wrongful Termination Case?
Attorneys in Freeport, New York may be able to inform you as to whether a wrongful termination has occurred, and can assist you in collecting the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.