New York Wrongful Termination

New York wrongful termination laws protect New York employees from being fired for discriminatory reasons or other reasons that violate the employee's rights. If an employee has been the victim of a violation of New York employment law, including being wrongfully terminated from his or her employment, a wrongful termination lawsuit may be filed against the employer.

New York is an "at-will" state. This means that either the employer or employee can terminate the employment relationship for no reason at any time, excepting certain circumstances. An employer cannot fire an employee for reasons that violate the employee's rights, such as because of the employee's gender, race or marriage status. A collective bargaining agreement may also prevent firing an employee for certain reasons.

Under New York State Labor Law, an employer cannot fire an employee for political or recreational activities outside of work, legal use of consumable products outside of work, membership in a union or making a complaint about a provision of labor law.

Under the Worker Adjustment and Retraining Notification Act (WARN, enacted by Congress in 1988), an employer with 100 or more workers must give at least 60-days' notice if a plant closing affects 50 or more employees. If the mass layoff is not the result of a plant closing, employers must give notice for any furlough of 50 or more workers if they make up one-third of the workforce or if 500 or more workers are laid off.

Employers cannot terminate an employee for reporting their illegal actions to authorities (whistleblowing) nor can they fire an employee for refusing to do something illegal as part of their job. Finally, employers cannot terminate an employee if doing so breaches an explicit or implied contract.

Lawsuits have been filed in New York alleging employees were victims of wrongful termination, because they were fired as a result of discrimination, retaliation or another legally protected situation.

Employees who believe they were the victim of wrongful termination can file a lawsuit to be reinstated to their job, to recover wages lost as a result of the job loss and, in some cases, to collect punitive damages from their employer.

New York Wrongful Termination Legal Help

If you or a loved one has suffered similar damages or injuries, please click the link below and your complaint will be sent to an employment lawyer who may evaluate your claim at no cost or obligation.
Last updated on Nov-18-13