Employees are hired on the basis of at-will employment in New York. This means that workers can leave at any time, with no notice being required. It also means that employers can terminate workers without notice.
There are, however, some exceptions. When a termination does not follow the law, it is wrongful. Here are some more precise examples of how this might occur.
Discriminatory terminations
Both federal and state law protects all workers in NewYork from discrimination. Discrimination is unfavorable treatment based on protected characteristics like race, religion, gender and disability. If an employee is dismissed for any of the reasons mentioned here, then the termination is wrongful.
Retaliatory terminations
As well as protection from discrimination, employees in New York have a host of other legal protections. For example, they are entitled to be paid the minimum wage. They are also entitled to work in a safe and secure environment.
Employees can assert their legal rights internally or externally with their authorities, and they should not face repercussions, such as being terminated. Unfavorable treatment due to asserting legal employment rights is referred to as workplace retaliation.
Breach of contract
When an employment relationship is backed up by a contract, all parties are obliged to honor the terms. In some cases, the contract may specify a notice period or a set period of employment. For example, it may say something like, “all parties are required to provide one month’s notice prior to terminating the employment relationship”. Or, the contract may state that, “this is a guaranteed full-time role for a set period of six months”. If an employee is terminated outside of the scope of the contractual terms, then the termination may be unlawful.
If you feel that you were fired unfairly, seeking legal guidance can help you to set the record straight.