Your Rights as an Employer to Discharge Employees
Like all but one state (Montana), New York follows the legal principle of “at-will employment.” What does that mean for employers in New York? Are there exceptions to the law?
What Is At-Will Employment?
When employment is “at-will,” either the employer or the employee may legally terminate the arrangement at any time and for any reason, customarily without notice or justification. Unless otherwise stated or agreed to, all employment in New is by default “at-will” employment.
What Are the Exceptions to Termination under the Principle of At-Will Employment?
A party to an employment relationship may not, however, terminate the relationship if doing so is:
- In violation of a valid and enforceable employment contract
- Is in violation of local, state of federal law
- Is contrary to public policy
When a valid and enforceable contract is in place, any party that violates its terms may be subject to damages in a breach of contract action.
Examples of terminations or firings that are in violation of the law include:
- Termination that constitutes illegal discrimination under state or federal law
- Termination that is in retaliation for legally permissible conduct by an employee
Examples of dismissals that are contrary to public policy include firing an employee for refusing to engage in illegal activity, for taking medical leave or for filing a valid work comp claim.
Let Stephen Hans & Associates Advise You Regarding Termination of Employees in New York
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. 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. Visit us online or call our office (718) 275-6700.