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 not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. Arrangements for employment that are under a set term contract are not "at will", and may only be terminated according to the clauses contained in the agreement.
What are the Illegal Grounds for Terminating At Will Employment in New York?
The most common illegal ground for terminating a New York employee is discrimination. An employer cannot terminate an employee simply for being of a particular race, nationality, religion or gender. An employer in Rome 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.
Furthermore, 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?
In Rome, 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 gathering the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.