Most employees in the United States are “at-will” workers.  That means they can be fired at any time, for any reason or no reason – unless the reason is unlawful.  For example, an employee can be discharged for showing up late, or failing to keep up with assignments, or treating customers rudely.  A manager can even terminate you because she doesn’t like the color of your hair or the way you dress.  And, of course, you can be laid off if there isn’t enough work, or if the company is cutting its workforce to save money.

A termination becomes wrongful if it violates the law, is motivated by discrimination or violates an employment contract.

Under federal and New York State laws, it is unlawful to discharge an employee:

• Due to discrimination on the basis of age, creed, race, color, sex, sexual orientation, pregnancy, national origin, marital status, disability, military status, domestic violence victim status, arrest or conviction record, predisposing genetic characteristics
• In retaliation for exercising a legally-protected right, such as the right to organize a union, or complain about unsafe working conditions, or take time off under the Family and Medical Leave Act, or “blow the whistle” on illegal activities at work
• Because you refused to submit to sexual harassment

New York City protections are even broader.  In the five boroughs, it is unlawful to terminate an employee on the basis of actual or perceived:

• Age
• Race
• Creed
• Color
• National origin
• Gender, including actual or perceived sex and gender identity
• Disability
• Marital status
• Partnership status
• Sexual orientation, including heterosexuality, homosexuality and bisexuality
• Immigration or citizenship status

That is, in New York City, an employer cannot terminate you simply because he believes that you are gay, or have a disability, or are over age 45, or any other “perceived” protected status.

Under both NY State and New York City law, it is unlawful to discharge a worker in violation of an employment contract.  For example, a manager cannot terminate you on the spot if your contract requires two weeks’ notice.  If a collective bargaining agreement requires “just cause” for discharge, a supervisor cannot fire you because he doesn’t like you.  If your contract says that your working hours are 9 AM to 5 PM, Monday through Friday, you can’t be discharged for refusing to work a different shift.

It can be very complicated to determine whether a termination was wrongful.  Not only are there many different protections under different laws, but it can often be difficult to demonstrate that your discharge was motivated by unlawful discrimination.

At The Sanders Firm, we have over 45 years experience in wrongful termination lawsuits.  We know how to uncover the reasons for your discharge, advise you whether it was illegal, and describe your legal options.