New York follows an “employment at will” doctrine, which means that companies may fire their workers at any time for nearly any reason. However, there are a few exceptions to this rule. In certain circumstances, those who have been fired may be entitled to sue their employer for unlawful termination. Here are some of the most common scenarios that can warrant such a lawsuit. 

3 Examples of Unlawful Termination 

1. Discrimination 

Federal law prohibits companies from firing at-will employees because of their gender, national origin, race, disability status, religion, or age (employees over 40 are protected by the Older Workers Benefit Protection Act). Workers fired because of a pregnancy may also have grounds for an unlawful termination suit.

2. Complaints Regarding OSHA Violations

Under the OSH Act of 1970, employees cannot be fired for reporting violations of the standards set forth by the Occupational Safety and Health Administration (OSHA). This kind of unlawful termination can be found in relatively dangerous industries, like construction, as well as in industries where communicable diseases can be spread and contracted, such as medicine and food service. 

3. Alien Status

The Immigration Reform and Control Act of 1986 prohibits employers from terminating workers because of their alien status. As long as the employee is legally eligible to work in the country, they cannot be fired solely for being a resident or nonresident alien. 

If you think you have grounds for an unlawful termination suit against a former employer, turn to MacVean, Lewis, Sherwin & McDermott, P.C. in Middletown, NY. One of the oldest firms in Hudson Valley, they’ve been helping clients resolve complicated legal disputes for more than 130 years. Today, their team is well-versed in a broad range of areas, including elder law, banking and finance, DWI law, real estate law, business formation, insurance defense, and personal injury law. To browse their other practice areas, visit their website. To schedule your free case evaluation, call (845) 343-3000.