Law Offices of Joseph M. Heppt

Aggressively representing clients for more than 20 years

 "Employment At Will"

 

New York State is an "employment at will" state, which means that an employer can fire an employee for any reason or no reason at all as long as that reason is not discriminatory.  A discharged employee, who is not the victim of discrimination, usually will have no legal recourse even when the discharge is unfair or unreasonable. However, there are important exceptions to that rule where a discharged employee has the right to sue his or her employer for damages and/or reinstatement. Some examples are:

1. If you are employed pursuant to a written contract of employment for a specific duration and which limits the right of your employer to terminate your services. Check the terms of the contract and consult an attorney if you think your discharge is a contract violation.

2. Some employers distribute an employee manual that recites the conditions under which an employee may be discharged and/or preliminary disciplinary steps which will precede discharge. For example, an employee manual might typically provide that an employee whose performance is below standard in some respect shall receive a counseling letter, followed perhaps by a hearing or interview designed to address the performance problem, before being discharged. Under certain very limited circumstances, some employee manuals have been found to create an implied contract of employment entitling an employee to all the protections against discharge that are written into the manual. Check your employee manual and consult an attorney if you have been discharged in violation of its terms. Discharge in violation of either a written or implied contract of employment might entitle an employee to sue his employer for reinstatement and lost wages.

3. A "whistleblower," that is, an employee who is fired for reporting to a supervisor or to a public agency a violation of law that creates and presents a substantial and specific danger to public health and safety, or who is fired for refusing to participate in such conduct, can sue his employer for reinstatement, back pay and attorney's fees.

4. The Federal Civil Rights Law and the New York State Human Rights Law prohibit an employer from discharging an employee because of his or her race, religion, gender, place of national origin, age, marital status or disability. In New York City (but not in the rest of New York State), employers are also prohibited from discharging employees because of their sexual orientation. Violations of the Human Rights Law can give rise to a private lawsuit, but may also be reported to the New York State Division of Human Rights or the New York City Commission on Human Rights, both of which have jurisdiction to investigate complaints and enforce compliance.

Employment Law