Many New York employees are working under the at-will presumption. As at-will employees, they can be fired at any time, and their employer does not have to show cause or demonstrate a valid reason for that termination. At the same time, employees have the freedom to quit their jobs whenever they would like.
Does this mean they cannot be wrongfully terminated?
Some people misinterpret this to mean that it is impossible to wrongfully terminate an employee in “work at will” states like New York. But that is not necessarily the case.
The key thing to remember is that, while an employer can fire someone for almost any reason or for no reason at all, they still cannot fired workers for an illegal reason. Some possible illegal reasons to fire someone include:
- Discrimination based on race, religion, gender, age, disability, national origin pregnancy or other protected status
- Retaliation for whistleblowing or filing a workplace complaint
- Termination that violates public policy or an implied contract
If an employer fires a worker for an illegal reason, it is still a wrongful termination, even if they were an at-will employee.