The Rights of Employees and Employers to Terminate Employment under New York Law
Studies consistently show that nearly all Americans who work for private entities do so without the protection of any type of employment contract, with estimates that less than 1% of all private workers have a written employment agreement. What does that mean for employees and employers? What rights to the respective parties to an employment arrangement have if they want to terminate the relationship?
At-Will Employment in New York
For private employees without written employment contracts, state laws establish the rights of both parties. In all states but Montana, employment is considered to be “at will.”
What Is “At-Will” Employment?
Under the legal principle of “at-will” employment, either party to an employment arrangement may terminate the agreement at any time and for any reason, with a few limited exceptions:
- The termination may not be contrary to law—For example, a person may not be terminated if doing so violates a specific statute, such as the New York State Human Rights Law, which prohibits firing someone if it constitutes discrimination based on protected traits or characteristics, such as age, race, gender, disability, pregnancy, religion or sexual orientation
- The termination is “contrary to public policy”—An employer typically cannot fire a person for exercising a protected legal right, such as refusing to engage in illegal or unethical conduct or reporting legal violations by the employer
Let Stephen Hans & Associates Help You Ensure Compliance with New York Employment and Labor Laws
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in employment litigation, including claims involving allegations of workplace retaliation. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.