New York is an at-will employment state. In a nutshell this means that employees can leave their position at any time without providing a reason. At the same time, employers can also let their workers go at any point.
There are, however, some exceptions. An employer cannot fire a worker for unlawful reasons. Doing so amounts to wrongful termination. Here are two common examples of wrongful termination.
1. Termination for discriminatory reasons
All employees in New York are protected from discrimination on the basis of protected characteristics. Protected characteristics include:
- Race
- Creed
- Ethnicity
- Sexual orientation
- Age
- Gender
- Disability
If an employee is fired on the basis of any of the above characteristics, this is wrongful termination.
2. Retaliation
Employees in New York can also assert their legal rights without facing negative repercussions. For example, if an employee feels they have been paid below the minimum wage, raising this issue should not result in termination. A worker should not be penalized for raising any legitimate grievance relating to their employment rights. Being fired or facing any negative consequence for asserting legal rights is referred to as retaliation, which is actionable in law.
It’s important to note that wrongful termination isn’t always as blatant as someone being fired on the spot for unlawful reasons. In some cases, an employer may make conditions so unbearable for the worker that they feel they have no option but to quit. This is referred to as constructive dismissal and it is also against the law.
If you are facing issues as an employee, then it’s important to be aware of your legal rights. You may also find it beneficial to have guidance behind you. If you believe that you’ve been subjected to a wrongful termination, you should speak to an experienced law firm to help you decide your next move.