New York, NYAlthough New York is an at-will employment state, there are circumstances in which an employee can file a New York wrongful termination lawsuit. If an employee has been fired for discriminatory reasons, for example, he or she could allege violations of federal and New York employment law. A New York wrongful employment termination lawsuit could result in financial recovery for the plaintiff, as well as reinstatement to the job position.
At-will employment generally means that an employee’s job can be terminated at any time for no reason. That said, employers are not allowed to fire someone for their gender, age, religious beliefs, sexual orientation or any other of a number of protected characteristics. Furthermore, a firing cannot violate an employment contract - express or implied - or a company’s firing guidelines as they are defined in any employment policy manuals or handbooks.
The Post-Standard (10/2/13) reports that a lawsuit has been filed against two New York state officials, following the firing of the state fair assistant director. The plaintiff, Karl Gustafson, alleges he was fired for using lewd comments and creating a hostile work environment, but argues that those accusations are false and damaging to his reputation. Gustafson says he was fired after only one month on the job, and although he was not given a reason for the firing, he learned of the reasons through an article in a local paper.
According to the same article, the plaintiff seeks back pay from the time of his firing.
According to an article at Mondaq (9/25/13), in the case of a staffing agency that supplies employees to a third party, both the staffing agency and the company being staffed could be considered employers in a wrongful termination and retaliation complaint. The lawsuit, Hexemer v. General Electric Company, et al (Case No. 1:12-cv-1808), alleged that the employee was fired in retaliation for a comment that sitting at her desk promoted weight gain and for complaining when she was berated by another employee for that comment. Because both GE and the staffing agency that supplied the employee had the ability to fire her and to control her behavior at work, both were considered employers. The court’s ruling does not extend to all situations that involve a staffing agency and a joint employer; the facts of each individual case determine whether they are jointly liable for retaliation.
In addition to not being fired for discriminatory reasons, employees cannot be terminated as retaliation for being whistleblowers or for filing complaints about a company’s illegal practices or working conditions. Employees also cannot be fired for refusal to take part in illegal activities on the company’s part.
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