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 not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to know the classification of your work setup. If an employment contract specifying a time for employment is involved for your work agreement, then employment is not "at will", and termination can only be done following the terms of 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 unlawful ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. A West Islip employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?

West Islip, New York lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the proper information and documents, and will guide you through any unique or special procedures.