Being terminated from your job can be a devastating experience, both personally and professionally. In New York, understanding your rights as an employee is crucial, especially when facing what feels like an unfair dismissal. New York is an "at-will" employment state, meaning employers can generally terminate employees with or without cause. However, there are significant legal protections in place that prohibit wrongful termination.
Knowing these protections and how to act if you believe you've been wrongfully terminated is your first line of defense.
Understanding "At-Will" Employment and Its Exceptions
New York's "at-will" doctrine means that an employer can fire an employee for any reason, no reason, or even a bad reason, as long as it's not an illegal reason. The key here lies in those "illegal reasons."
Wrongful termination occurs when an employer fires an employee for reasons that violate:
Anti-Discrimination Laws: Both federal and New York State laws prohibit termination based on protected characteristics such as race, color, creed, religion, national origin, sex (including pregnancy, gender identity, and sexual orientation), age (40 and older), disability, marital status, and genetic information. New York City laws offer even broader protections.
Retaliation: It is illegal for an employer to fire an employee in retaliation for engaging in legally protected activities. This includes reporting discrimination, harassment, wage violations, unsafe working conditions (whistleblowing), taking protected leave (like FMLA or jury duty), or participating in an investigation against the employer.
Breach of Contract: If you have an express or implied employment contract (which can be written or, in some cases, derived from an employee handbook or verbal promises), you cannot be fired in violation of its terms.
Public Policy: While limited, New York recognizes some public policy exceptions, such as terminating an employee for refusing to engage in illegal activity.
Proactive Steps to Protect Yourself
Even before any termination concerns arise, consider these proactive measures:
Understand Company Policies: Familiarize yourself with your company's employee handbook and any policies regarding performance, conduct, and termination. These documents can sometimes create implied contracts.
Document Everything: Maintain a personal record of your employment, including your job description, performance reviews, commendations, and any disciplinary actions. Keep copies of emails, memos, or other communications that could be relevant.
Address Performance Issues Promptly: If you receive negative feedback, address it directly and professionally. Document your efforts to improve and any discussions with your manager or HR.
Report Concerns Properly: If you witness or experience discrimination, harassment, or illegal activities, follow your company's internal reporting procedures. Document who you spoke with, when, and what was discussed.
What to Do If You Believe You've Been Wrongfully Terminated
If you find yourself in this difficult situation, take these immediate steps:
Request a Written Explanation: Ask your employer for a written explanation for your termination. While they may not be legally obligated to provide one in all cases, it can be valuable for your records.
Gather Your Documents: Collect all relevant employment documents, including your employment contract (if any), offer letter, performance reviews, disciplinary notices, emails, and any communication related to your termination.
Do NOT Sign Anything Hasty: You may be offered a severance agreement. Do not sign it without understanding its terms, especially any clauses that waive your right to sue. Consult with an attorney before signing any such document.
Avoid Social Media Discussions: Refrain from posting about your termination or your employer on social media. Such posts can damage your potential legal case.
Consult with an Experienced Employment Attorney: This is perhaps the most critical step. A New York employment lawyer can assess the specifics of your case, determine if you have a valid claim, and advise you on the best course of action. They can help you navigate the complex legal landscape and ensure you meet critical filing deadlines.
Work With New York City Wrongful Termination Attorneys
It's crucial to act quickly. The statute of limitations for wrongful termination claims in New York can vary significantly. It's best to reach out to Brown Kwon & Lam immediately. We know the intricacies of employment law when it comes to wrongful termination and at-will employment. We are ready to fight for you and hold employers accountable to legal standards and company policies.
While the "at-will" nature of employment in New York can feel daunting, remember that you are not without rights.
Contact us at (212) 295-5828 for a consultation today.