Jonah Patel
New York is an 'at-will' employment state, which means that employers can generally fire employees without cause. However, employers cannot fire employees for illegal reasons, such as discrimination or retaliation. Discrimination can be based on race, religion, sex, national origin, age, sexual orientation, disability, marital status, military status, or status as a domestic violence victim. Retaliation can include firing an employee for reporting wage violations, acts of discrimination, or an employer's illegal conduct (whistleblowing). If an employee suspects they have been wrongfully terminated, they can pursue a wrongful termination lawsuit with the help of an employment lawyer.
| Characteristics | Values |
|---|---|
| Discrimination | Race, religion, sex, national origin, age, sexual orientation, marital status, military status, disability, pregnancy, gender identity |
| Retaliation | Reporting wage violations, reporting acts of discrimination, whistleblowing, filing a workers' compensation claim, serving jury duty |
| Contract protections | Termination breaches the terms of the employment contract |
| Termination based on protected class | Age, race, sex, religion, disability, marital status, sexual orientation, national origin, arrest or conviction history, status as a domestic violence victim |
| Termination based on political participation | N/A |
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Discrimination
Various laws at the federal, state, and city levels protect employees from discriminatory termination. At the federal level, Title VII of the Civil Rights Act of 1964 forbids private employers with 15 or more employees from discriminating in compensation, terms, conditions, or privileges of employment based on certain protected categories, including race, colour, religion, sex, and national origin.
At the state level, the New York State Human Rights Law (NYSHRL) provides additional protections for employees. The New York City Human Rights Law (NYCHRL) also offers robust protections, prohibiting discrimination in employment based on both actual and perceived status. This means that an employer cannot terminate an individual because of their actual or perceived membership in a protected class.
If an employee believes they have been wrongfully terminated due to discrimination, they may have legal recourse. They can file a lawsuit against their employer to recover lost wages, benefits, and compensation for emotional distress. In New York City, employees can contact the New York City Department of Consumer Affairs to file a complaint if they believe they were fired due to taking sick leave. Additionally, employees can reach out to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission (EEOC) to file an administrative claim for employment discrimination. It is important to act quickly, as these agencies have shorter timelines for filing claims. Consulting with a qualified wrongful termination or discrimination lawyer can help individuals understand their rights and navigate the legal process effectively.
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Retaliation
In New York, an at-will employment state, employers can fire employees without cause. However, employers cannot fire employees for illegal reasons, which include firing an employee for retaliation or discriminatory reasons.
If an employee believes they have been retaliated against, they can contact a government agency or supervisor, or seek legal counsel from an employment attorney. New York's recent amendments to its retaliation law make it easier for employees to bring retaliation claims and expand whistleblower protections. Employees can file a wrongful discharge lawsuit to receive lost wages, lost benefits, and compensation for emotional distress.
It is important to note that the statute of limitations for unlawful termination lawsuits in New York ranges from 30 days to 3 years, depending on the type of claim. Therefore, employees who believe they have been wrongfully terminated should seek legal advice promptly.
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Breach of contract
In New York, a private-sector employer is not required to have good cause to discharge an employee. However, if you work under a contract that states you can only be fired for cause, you may have recourse if your employer breaches the contract.
A breach of contract occurs when one or both parties violate the terms and conditions of a contract. Employment contracts outline the responsibilities and benefits of both the employer and employee in a working relationship. They should include the employee's compensation and benefits, as well as other components such as grounds for termination, trade secret protection, restrictions on post-employment activities, and severance pay.
If you believe your employer has breached your employment contract, you should speak to an experienced attorney. You can pursue a claim as long as the contract you signed is legal and enforceable, and you have evidence that your employer has breached the contract. The statute of limitations to assert a breach of contract claim in New York is six years.
It's important to note that New York courts are generally reluctant to set aside the terms of a contract that parties have willingly entered. To avoid enforcement of contractual obligations or defend against a breach of contract claim, a party in New York must generally demonstrate that the terms were not sufficiently definite or agreed upon.
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Protected class status
In New York, a private-sector employer is not required to have a good cause to discharge an employee. However, employers cannot fire people for illegal reasons, including discrimination or retaliation.
The New York State Human Rights Law (NYSHRL) prohibits discrimination based on specific protected classes in employment, housing, credit, public accommodations, and non-sectarian educational institutions. The law ensures that every citizen has an "equal opportunity to enjoy a full and productive life".
The protected classes under the NYSHRL include:
- Race
- Religion
- Sex
- National origin
- Age
- Sexual orientation
- Marital status
- Military status
- Disability status
The New York City Human Rights Law (NYCHRL) also prohibits discrimination in employment, housing, and public accommodations. Protected classes under the NYCHRL include:
- Gender
- Race
- Creed (religion or lack thereof)
- Age
- Disability
- Sexual orientation
- Citizenship status
- Marital partnership status
- Military status
- Pregnancy
The NYCHRL also protects against discriminatory lending practices, retaliation, discriminatory harassment, and bias-based profiling by law enforcement.
If you believe you have been terminated due to your membership in a protected class, you can file a complaint with the New York State Division of Human Rights (DHR), which is responsible for receiving, investigating, and resolving individual complaints alleging violations of the State Human Rights Law. You can also file a lawsuit with the help of a qualified wrongful termination lawyer to recover lost wages, lost benefits, and compensation for emotional distress.
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Whistleblowing
New York is an at-will employment state, which means that, generally, employers can terminate employees at any time for any reason or no reason at all. However, employers cannot fire employees for illegal reasons, which include whistleblowing. Whistleblowing occurs when an employee reports or discloses illegal or unlawful activity or wrongdoing in an organisation, usually to a third party. In New York, an employee may not be discharged or discriminated against for making a complaint or instituting a proceeding concerning a violation of New York's labour laws, including the state's occupational safety and health laws. This is known as whistleblower protection.
In New York, whistleblower protection is offered under the New York State Human Rights Law (NYSHRL). Under this law, an employee may not be discharged or penalised for disclosing an illegal activity, policy, or practice of the employer that presents a substantial and specific danger to the public health or safety. This includes reporting improper quality of patient care in the healthcare sector.
In addition, New York has expanded its whistleblower protections to cover private-sector employees. This means that private-sector employees are protected from retaliation for reporting unlawful conduct or discrimination in the workplace. These protections are similar to those offered to public-sector employees, who are shielded from discriminatory and retaliatory terminations.
If an employee believes they have been retaliated against for whistleblowing, they can seek legal assistance to navigate their options and secure justice and compensation. There are law firms in New York that specialise in whistleblowing and retaliation cases and offer free consultations. It is important to act promptly, as the statute of limitations for unlawful termination lawsuits in New York ranges from 30 days to 3 years, depending on the type of claim.
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