Employment at Will

New York State is normally considered to be an employment-at-will-state. This means a private sector employer can hire or fire as he/she pleases and that the discharged employee will usually have no legal remedy. The discharge may seem arbitrary or unfair. The employment-at-will principle reflected the belief that people should be free to enter into employment contracts. Because employees were able to resign from positions they no longer wanted, employers were also free to discharge employees at whim. The employment at will doctrine also protects the employee’s right to resign without being required to explain or defend the decision.

There are few conditions under which the discharge of an employee is against the law. The employee may be entitled to government intervention and/or the right to sue his or her employment for damages and reinstatement. One exception to the employment-at-will policy is in the case of a whistle-blower. If an employee is fired for reporting to a public agency that the employer is violating the law, and it presents significant danger to the public’s health and safety, the employee can sue the employer for reinstatement, back pay and attorneys fees. Another exception to the employment-at-will policy is in a case of discrimination. The New York State human rights law prohibits an employer from discharging an employee because of race, gender, religion, age, national origin, marital status or disability. New York City local laws take it even a step further. In New York City, employer are also prohibited from discharging an employee based on sexual orientation, arrest or conviction record, partnership status or status as victim of domestic violence, stalking or sexual offenses. There are many other exceptions to the employment-at-will policy. Such as, it is illegal to fire an employee for being absent for jury duty, for applying for workers’ compensation or disability benefits, and for participation on your own time in political or recreational activities. Most members of labor unions are covered by a collective bargaining agreement. A collective bargaining agreement contains a clause stipulating that their employment can only be terminated for just cause. Many courts have also been willing to side with employees who rely on employee handbook rules. Employers may issue employee handbooks which lists the conditions under which an employee may be discharged. Some employee manuals have been found to establish an implied contract of employment, giving the employee protection against discharge that is written in the manual. The handbook may include promises of job security and progressive discipline.