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Like most states, New Work views most types of employment as “at-will.” This means that a worker can essentially be fired at any time, for any reason, and that they can also leave their job for any reason. However, there are exceptions to this rule. If an employee's firing violates existing labor laws or a valid contract of employment, the situation is considered unlawful termination, also called wrongful termination or wrongful dismissal. Learn more about this subject below.

Answers to Common Unlawful Termination Questions in New York State

What types of discriminatory firing are New York employees protected against?

A New York State employer cannot fire an employee based on a protected trait. These traits include race, nationality, gender, pregnancy, religion, age, disability, sexual orientation, gender identity, politics, and arrest and conviction record. Also, an employer cannot fire a worker as retaliation for the worker utilizing their rights, such as reporting an issue to human resources or participating in an outside investigation of the workplace.

Can I be fired for trying to organize at work?unlawful termination

New York workers have the right to organize. This includes forming or joining a union to improve conditions in the workplace. An employer cannot threaten, retaliate, or in any way discriminate against a worker for organizing or even talking with other employees about workplace conditions.

Can you be fired for taking time off?

Both state and federal laws allow workers to take time off to honor specific civic duties, like jury duty, voting, and military service. The Family and Medical Leave Act protects New York workers who need to take unpaid leave for health issues, either their own or a family member's, or for the birth of a child; you can take up to 12 weeks without losing your job.

While the Family and Medical Leave Act grants workers unpaid leave, New York’s Paid Family Leave policy lets workers take paid time off for certain events, including up to 10 weeks of paid leave after the birth of a child. If you work for a private company and have worked 26 consecutive weeks as a full-time employee, or 175 days as a part-time employee, you could be eligible for paid family leave.

What other types of behavior are New York employees protected against?

A New York worker cannot be fired for filing a workers' compensation claim, for reporting unsafe working conditions, or for whistleblowing. You also cannot be fired for your conduct outside of work, as long as the behavior is lawful.

 

 

If you've been the victim of unlawful termination, consult a lawyer to explore your legal options. MacVean, Lewis, Sherwin & McDermott, P.C., have been representing Hudson Valley residents since 1885. They offer legal services in a wide range of practice areas, including employment law, commercial litigation, and criminal defense cases. Call (845) 343-3000 or visit them online to schedule a consultation.

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