New York, like most states, is an at-will employment state. That means that an employer is able to terminate you for any reason, or no reason, as long as the reason is not discriminatory. Even if the reason you’re terminated seems unfair like the employer just didn’t like you or they wanted to give the job to someone else they can do that, and it’s not considered unlawful termination. But if you were fired for a discriminatory reason or if your employer violated the terms of a contract then you may be able to file a claim for wrongful termination.
What Is At-Will Employment?
At-will employment means that your employer can fire any employee for any reason at all. Most states have at-will employment. Your employer isn’t required to give you severance or even a justification for your termination. But at-will employment doesn’t allow your employer to fire you for any kind of reason that is covered by Title VII of the Civil Rights Act or any other anti-discrimination laws.
When Are Grounds For Termination Illegal In New York
In New York employers are not allowed to legally fire employees when firing that employing violates the clause of a contract. If you’re a temporary or contract worker and your employer fires you without abiding by the terms of the contract that both of you signed that firing is unlawful.
Your employer also can’t fire you for any type of discriminatory reason that violates anti-discrimination laws. New York employers must abide by the New York State Human Rights Law as well as Title VII of discrimination on the basis of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability the Civil Rights Act. That means you can’t be fired on the basis of:
- Your race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability.
- You filed a complaint against your employer for violating your workplace rights.
- You are pregnant or asked for reasonable accommodations because of pregnancy.
- Joining or supporting a union.
You will need to submit evidence that you were fired for an unlawful reason if you file a complaint against your employer so save as much documentation as you can.
What Happens If I Think I Was Illegally Fired?
If you feel that you were fired for an illegal or discriminatory reason you can file a complaint with the New York Department of Labor. You can also file a claim with the Federal Equal Employment Opportunity Commission, or EEOC. If you were fired unlawfully you may be entitled to money for damages or to get your job back.
Get Help With Your New York Wrongful Termination Claim
If you were fired for an illegal reason, you have the right to file a complaint against your employer even in an at will employment state like NY. But it’s a good idea to speak with an employment attorney who can help you understand and navigate the complaint process. Complete the Free Case Evaluation on this page to get connected with an independent, participating attorney who subscribes to the website.
