Most employees in New York are considered “at-will,” meaning an employer can terminate employment at any time and for almost any reason, or no reason at all. However, there are important exceptions. Employers may not fire employees for unlawful reasons, such as discrimination, retaliation, or in violation of a contract. When an employer violates an employee’s Federal, State, or City rights, wrongful termination occurs.

Illegal reasons for firing an employee include discrimination based on protected characteristics such as age, race, color, national origin, religion, sex or gender, gender identity or expression, sexual orientation, pregnancy, disability (actual or perceived), marital or partnership status, caregiver status, military status, domestic violence victim status, unemployment status, reproductive health decisions, or weight and height (in New York City). Retaliation for engaging in a protected activity, such as reporting discrimination or wage violations, is also unlawful.

New York employees are protected by a broad range of federal, state, and city laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Pregnancy Discrimination Act, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). Employees are also protected under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the New York Paid Family Leave Law (PFL), and New York Labor Law provisions, including §§ 215 and 740, which prohibit retaliation and protect whistleblowers.

In addition to discrimination and retaliation, it is also unlawful to fire a worker:

• In violation of an employment contract
• For filing a workers’ compensation claim
• For reporting discrimination, harassment, wage and hour violations, or other unlawful conduct (workplace retaliation)
• To avoid paying earned bonuses, benefits, or compensation
• As a way to intimidate or discourage other employees from exercising their rights
• As retaliation for whistleblowing under New York or Federal Law
• For reporting unsafe or hazardous work conditions (OSHA)

Employers who fire employees in violation of these laws may be liable for lost wages, emotional distress, and other damages. The wrongful termination attorneys at Risman & Risman, P.C. represent employees throughout New York City who have been unlawfully fired. If you believe you lost your job for an illegal reason, we are here to protect your rights and hold your employer accountable.