Can An Employee Be Fired Without Due Cause?
Yes. New York State is an "employmentatwill," state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign.
Exceptions to "employmentatwill" are laws enforced by the New York State Division of Human Rights, which prohibit discrimination based upon race, creed, national origin, age, handicap, gender or marital status.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Employment Law for Employees Articles
- What is the current minimum wage in New York State?
- What Is The Law Regarding Overtime?
- Must My Employer Provide For Rest And/Or Meal Periods?
- Must An Employer Pay Employees For Holidays, Sick Time And/Or Vacations?
- When Is The Last Check Due To A Terminated Employee?
- How Can Employees Obtain Assistance In Collecting Wages Owed To Them By Their Employer?
- How Do I Apply For Unemployment Insurance?
- How Do I Qualify For Unemployment Benefits?
- How Is My Weekly Benefit Rate Determined?
- How Do I Claim My Weekly Benefits?
- Are Unemployment Insurance Benefits Taxable?
- What Is The Minimum Age For Employment?
- Is An Employment Certificate Required?
- Are Certain Occupations Prohibited For Minors?
- What Are The Restrictions On The Hours A Minor Can Work?
- If An Employer Complies With The State Law Does That Guarantee Compliance With The Federal Law Or If The Employer Complies With Federal Law Does That Guarantee Compliance With State Law?
- When Is An Employer Liable For Unemployment Taxes?
- How Does An Employer Register As An Employer?
- What Is Required Once An Employer Is Determined Liable?
- What Are The Unemployment Tax Rates?
- Do I Have To Look For Work While Collecting Unemployment Insurance Benefits?