Wrongful Termination in New York

Unfortunately, most employees in New York State can be fired for the “wrong” reason, without the firing being considered “wrongful” in the eyes of the law. Because New York strictly adheres to the “at-will employment doctrine” (learn about “at-will employment”), in most circumstances, an employer can fire an employee for virtually any reason, or no reason at all. In other words, without an employment contract to the contrary, no job is guaranteed. While federal and state law provide some protection for employees – such as prohibiting discrimination and harassment (learn about workplace discrimination; learn more about workplace harassment), and punishing employers for retaliating against whistleblowers (learn about retaliation; learn more about whistleblowing) – many employees find themselves falling through the cracks and facing what most people would consider a wrongful termination, but which the courts do not.

For instance, some people are unfairly fired on the basis of another co-worker’s lie and some people are unjustly scapegoated for the bad deeds of others. As “wrong” as both of these situations are, the law generally provides no remedy for the fired employee. Sometimes, an employer will provide their own grievance procedures – which themselves may or may not be enforceable (read about employee handbooks) – but otherwise the courts will not intervene to get your job back, even when the truth is on your side.

That’s not to say all hope is lost. If an employee believes their termination was wrongful – as most people use the word – they may find that by addressing the issue reasonably in a letter to their employer, with proof of the wrong if it exists, they are able to get back to work. This is especially true when they can demonstrate to their employer that rehiring them would be a good business decision because of what the employee has to offer.

Lastly, an employee should not necessarily believe the explanation their employer offers for their firing. If they have a reason to think that their termination was wrongful – as the courts use the word – then they should contact an attorney as soon as possible to discuss their rights and remedies.

If you believe that you have been wrongfully terminated, you can contact us at 212-425-4250 to speak with an attorney.