Is New York an At-Will Employment State?

One of the most common questions attorneys encounter from clients in New York is whether the state follows the doctrine of at-will employment. What does at-will employment entail and how does it impact employees and their legal rights in the workplace?

Here’s what you need to know if you’re an employee in New York.

Is New York an At-Will Employment State?

Yes, New York is an at-will employment state.

At-will employment is a legal doctrine that allows employers to terminate employees at any time, for any reason, or no reason at all, as long as the termination is not based on illegal discrimination or retaliation. Likewise, employees have the freedom to resign from their positions at any time, without providing a reason.

What Does At-Will Employment Mean for Employees?

For employees, the concept of at-will employment carries several implications and considerations:

• Lack of Job Security: In an at-will employment arrangement, employees do not have guaranteed job security. Their employer can terminate them without advance notice or cause. This creates uncertainty and anxiety about employment status.
• Limited Protections: Unlike employees covered by employment contracts or collective bargaining agreements, at-will employees have fewer legal protections against unjust termination or adverse employment actions. However, there are exceptions to this rule.
• Flexibility: At-will employment also provides employees with the flexibility to leave their jobs if they find better opportunities. The same protection applies for employees dissatisfied with their current employment situation. This flexibility can be beneficial for career growth and personal development.

Exceptions to At-Will Employment in New York

While New York follows the doctrine of at-will employment, some exceptions and limitations protect employees from arbitrary or unjust termination:

• Statutory Protections: Federal and state laws prohibit employers from terminating employees for discriminatory reasons based on protected characteristics such as race, gender, age, disability, religion, national origin, or sexual orientation. Termination decisions based on these factors are unlawful and can give rise to legal claims for discrimination.
• Public Policy Exceptions: New York recognizes public policy exceptions to at-will employment, which prohibit employers from terminating employees for reasons that violate public policy. For example, an employer cannot terminate an employee for refusing to engage in illegal activities or for reporting workplace safety violations.
• Implied Contracts: In some cases, courts may infer the existence of an implied contract between an employer and an employee, based on statements, policies, or practices that suggest job security or protection against arbitrary termination. If the court finds an implied contract, the employer may need to demonstrate just cause for termination.

Also remember, New York City might have different laws than the state regarding at-will employment. A bill was recently introduced that could drastically change at-will employment in the city. You can read more about the proposed law here.

Protecting Your Rights as an At-Will Employee

As an at-will employee in New York, it’s essential to be aware of your legal rights and protections in the workplace. Here are some steps you can take to safeguard your rights:

• Know Your Rights: Familiarize yourself with federal and state laws governing employment discrimination, retaliation, and other protected rights. Understand what constitutes unlawful termination and discrimination in the workplace.
• Document Everything: Keep records of employment-related communications, performance evaluations, disciplinary actions, and any instances of discriminatory treatment or retaliation. Documentation can be valuable evidence in the event of a legal dispute.
• Consult with an Employment Attorney: If you believe your termination was unjust or discriminatory, seek legal advice from an experienced employment attorney. An attorney can evaluate your case, explain your legal options, and advocate for your rights.

Understanding the implications of at-will employment and knowing your legal rights as an employee are essential for protecting yourself in the workplace. If you have concerns about your employment status or believe your rights have been violated, we can help. Contact Borrelli & Associates, P.L.L.C. to schedule a consultation.