Cox Padmore Skolnik & Shakarchy LLP
Menu 646-355-1648 Blog Contact

Is New York an at-will state?

The corporate world does not have as much loyalty as you may assume. In most cases, this means you can be fired -- or you can quit -- for almost any reason at all. Technically, you do not even need a reason. You can quit your job because you're bored or your boss can fire you because "it's just not working out."

This is because New York uses at-will employment. Keeping someone on or not is just a decision that an employer gets to make. Even things that seem unfair can result in firings.

For instance, maybe your boss always plays country music in the break room. You prefer pop music or classic rock, so you change the radio station. That could be it for you if your boss decides to fire you and find someone with a different taste in music. Yes, it seems unfair, but it would probably be legal.

Of course, this does not mean every firing is legal. There are protections saying you cannot be fired based on age, race, gender and the like. If you signed an employment contract, you cannot be fired in a manner that conflicts with the terms of that contract. If you are in a union, the union likely offers you some protections.

It is very important for employees and employers alike to know exactly when a person's job can be terminated and what steps have to be taken. At-will employment does mean that companies tend to have a lot of flexibility here, but do not make the mistake of assuming that it means all firings are legal.

Source: New York State Office of the Attorney General, "Can You Be Fired?," Eric Schneiderman, accessed April 26, 2018

No Comments

Leave a comment
Comment Information

Consult Our Skilled, Pragmatic Manhattan Commercial Litigation Attorneys

Tap To Request An Exploratory Consultation ยป

Entrepreneurial, Corporate and Individual Legal Services For Domestic And International Clients

To Request A Consultation By Phone, Call: 646-355-1648 (NY/NJ) | 646-355-1648 (CO)

New York Office
630 Third Avenue
19th Floor
New York, NY 10017

Phone: 646-355-1648
New York Office Map

Great Neck Office
98 Cutter Mill Road
Suite 310N
Great Neck, NY 11021

Phone: 646-355-1648
Great Neck Office Map

Hackensack Office
27 Warren Street
Suite 304
Hackensack, NJ 07601

Phone: 646-355-1648
Hackensack Office Map

Denver Office
1060 Humboldt Street
Denver, CO 80218

Phone: 646-355-1648
Denver Office Map