For many workers, their bosses are within their rights to discharge them without cause. This is due to their at-will employment status. This refers to the nature at which an employer can end their relationship with an employee. Essentially, they can terminate an employee at any time for any reason. However, there are exceptions to the at-will rule. If you believe you are the victim of wrongful termination, it is in your best interest to contact a trusted New York Employee Rights Lawyer who can help you fight for the justice you deserve. Please continue reading to learn the few instances in which an employer can face legal repercussions for terminating an employee.
Can My Boss Fire Me for No Reason?
Depending on the terms of your employment, your boss can typically fire you at any time for no reason. If your employment is at will, your employer can fire you without just cause. However, if you are employed under a written or oral contract, your employer must have a compelling reason to fire you. This is because contracts often include the start and end date of your employment. They cannot breach your contract by attempting to fire you before the date stipulated in the contract.
What is Wrongful Termination?
As mentioned above, at-will employment grants employers the right to fire an employee at any time for generally any reason, as long as the reason is not illegal. When an employer fires a worker for an illegal reason, it is considered wrongful termination. The following include but are not limited to some of the illegal reasons for terminating an employee in New York:
- Discrimination: One of the most common instances of wrongful termination is firing an employee based on protected characteristics, such as race, color, national origin, age, disability, genetic information, religion, sexual orientation, genre, pregnancy, and more. This is illegal under federal and state anti-discrimination laws.
- Retaliation: An employer cannot discharge a worker as revenge. It is illegal to terminate an employer concerning reporting discrimination, harassment, etc. You should note that certain employers are protected from retaliation for “blowing the whistle” on an employer for wrongdoing.
- Breach of contract: Violating the terms of an employment contract, whether oral or written, is against the law. This may include an employer violating the required notice period or grounds for dismissal, without proper procedure or just cause.
As you can see, there are instances in which an employer cannot fire an employee without just cause. If you believe you were fired for illegal reasons, it is in your best interest to enlist the help of an experienced New York employee rights lawyer from Bell Law Group, PLLC, who can effectively represent your interests and fight for your rights.
