In nearly every state, including New York, the law presumes that employee/employer relationships are “at will,” which means either the employee or employer can terminate the relationship at any time, with or without advance notice, and for any reason, or for no reason at all. That being said, the issue of wrongful termination occurs when an employee is discharged from employment for unlawful reasons that violate company policy or the employee’s rights. If you believe you have been wrongfully fired from your job in New York, contact an experienced NY employment law attorney as soon as possible for legal help. You may have grounds to file a wrongful termination claim against your employer.
Understanding Wrongful Termination
It may seem unfair for an employer to have the right to terminate an employee for no reason at all, and without any advance notice, but that is the nature of “at will” employment, with the exception being wrongful termination. Anyone who is fired from their job may feel like they have been wrongfully terminated, but the term “wrongful termination” specifically relates to a situation where an employee is discharged from employment for an illegal reason, i.e. a contractual breach or a violation of federal anti-discrimination laws.
Protected Classes in New York
Under federal law, it is illegal for an employer to fire an employee on the basis of his or her race, national origin, color, gender, pregnancy, age (40 and older), disability, genetic information, citizenship status or religion, as these are considered protected classes. However, this law only applies to employers with at least 15 employees (20 employees for age discrimination and four employees for citizenship status discrimination). In New York State, it is against the law for employers with at least four employees to discriminate based on:
- Sex
- Pregnancy
- Race
- Color
- National origin
- Religion
- Age (18 and older)
- Genetic information
- Disability
- Sexual orientation
- Marital status
- Arrest and conviction record
- Military status or service
- Political activities
- Unemployment status
- Status as a victim of domestic violence
- Gender identity
- Observance of Sabbath
Furthermore, it is illegal for an employee in New York to be fired for lodging a legal complaint against his or her employer (i.e. for workplace safety violations), for filing a workers’ compensation claim after being injured on the job, or for bringing the employer’s wrongdoing to light as a whistleblower. These actions are considered retaliatory, and are unlawful under New York law.
Pursuing a Claim for Wrongful Termination
At-will employment may seem to work in favor of the employer, but employees in New York also have rights under this area of employment law, and wrongful termination statutes make it illegal for employers in New York to fire an employee for discriminatory reasons, in breach of a written employment contract, for asserting his or her rights under wage and hour laws, and for requesting time off for certain personal responsibilities or civic obligations, among other unlawful reasons. If you recently lost your job in New York, and you believe it was for discriminatory reasons, in violation of a contractual agreement, or in retaliation for exercising your rights as an employee, you may have a legal claim against your employer for wrongful termination. Consult a knowledgeable NY employment law attorney as soon as possible to discuss your legal options.
