Wrongful Termination in New York
New York, like most states, has “at will” employment. This means, in the absence of an employment contract for a set term, employees may be terminated at any time, for any reason, or no reason at all.
There are exceptions to this rule, though.
New York employees are protected from firing in retaliation for reporting unlawful discrimination by their employer, or bringing a civil action for discrimination, as long as they do so in good faith. An employee who knowingly brings a false claim of unlawful discrimination is not protected.
Additionally, no employee in New York can be terminated or otherwise disciplined for reporting violations of state Labor Law. To do so amounts to wrongful termination. This includes reporting violations of health and safety laws and minimum wage.
Also, if an employer’s actions, policies, or practices appear to create a significant danger to the public, an employee has a right to disclose such conduct, and be free from retaliatory termination.
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Last Modified: 11-23-2009 12:03 PM PST
