The state of New York is an "at-will employment" state, which means that in the absence of a contract that restricts termination (such as collective bargaining agreement negotiations), the employer has the right to fire you at any time and for any reason. This also protects the employee's right to resign. However, it is important to identify when you have a case of wrongful termination in New York.
The exception to the "at-will employment" principle is a law enforced by the New York State Department of Human Rights, which prohibits discrimination based on race, creed, nationality, age, disability, gender, or marital status.
Therefore, if you identify that there are reasons unrelated to your performance for which you have lost your job, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 or contacting us via WhatsApp. By reaching out, we can address your situation and offer you the best free legal advice, so that you can meet with a labor attorney specialized in wrongful termination in New York that you are experiencing.
What Does At-Will Employment Status Mean?
New York is an "at-will employment" state. In general terms, this means that an employer can fire an employee for any reason at any time.
However, if the employee is a member of a legally protected category, state and federal laws provide protection. For example, under these laws, employees cannot be fired for a disability, because of their age, gender, race, sexual orientation, or religious beliefs.
However, it is also important that the employer require the employee to sign a contract or document related to severance agreements, job duties, disciplinary procedures, or performance improvement plans. Employers who violate their own policies or procedures can be held liable for wrongful termination.
Upon hiring, most employees will need to sign some documents. In many cases, these agreements include non-compete agreements, confidentiality agreements, and "arbitrary" agreements. Depending on the employee's job, they may need to sign other documents, including a document that specifies the terms of their termination.
Therefore, it is essential that upon hiring, you carefully read all documents you are required to sign. If your employer requires you to assume new job responsibilities beyond the formal job description, and then fires you due to an alleged failure to perform duties correctly, you may have grounds to file a wrongful termination lawsuit in New York.
Additionally, if reporting errors, conducting financial audits or quality control measures, or monitoring company compliance are part of your job, it can result in your employer being financially responsible for your termination. In this case, employers often attempt to retaliate against employees who report company violations or infractions. Therefore, the termination of an employee's job in this situation constitutes solid grounds for a wrongful termination lawsuit.
It is possible that the employee manual does not have the legal status of a contract in the court's opinion, but the court has always insisted that employers be held accountable for what they say (rather than what they don't say).
For example, many small businesses do not have an employee manual or an established policy on employee reviews. Therefore, if a company fires employees due to poor performance without performance evaluation objectives, there is almost no legal reason to do so, let alone an annual employee review process.
As a result, the lack of employee manuals or established policies will bring legal liabilities to employers. Additionally, if the employer fails to comply with its own established policies, such as adopting disciplinary measures or firing employees, it can also be held liable for wrongful termination under the law.
The court will evaluate whether the employer has a legitimate reason for violating its own policies and whether the employee has reasonable expectations of receiving due consideration.
After this, if you identify that you are in a wrongful termination situation, contact Conexión Legal as soon as possible by calling 1800 201 1220 or contacting us via WhatsApp. By doing so, we can connect you with a professional wrongful termination attorney who can assist you in obtaining the best possible compensation.
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