Can An Employee Be Fired Without Due Cause?

Home English FAQs Labor and Employment New York

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.

Other New York Labor and Employment FAQs

Q: What is the current minimum wage in New York State?
A: For covered employees, the New York State Minimum Wage rate is $7.15 per hour. This amount may be modified based upon a number of factors. For example, food service … More
Q: What Is The Law Regarding Overtime?
A: Covered employees who work overtime must be paid at a rate that is one and onehalf times their regular hourly rate of pay. For nonresidential employees, … More
Q: Must My Employer Provide For Rest And/Or Meal Periods?
A: Employees who work a shift of more than six hours starting before 11 A.M. and continuing until 2 P.M. must have an uninterrupted lunch period of at least half an hour … More
Q: Must An Employer Pay Employees For Holidays, Sick Time And/Or Vacations?
A: Payment for holidays, sick time or vacation is not required unless the employer has established a policy to grant such pay. When an employer does decide to create a … More
Q: When Is The Last Check Due To A Terminated Employee?
A: When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. More
Q: How Can Employees Obtain Assistance In Collecting Wages Owed To Them By Their Employer?
A: Employees who are owed wages may obtain assistance in collecting the monies due to them by contacting their nearest Labor Standards Office and filing a "Claim for … More
Q: How Do I Apply For Unemployment Insurance?
A: You should apply for UI benefits using the new online application or through the automated TELCLAIM system by calling the TELCLAIM Center (TCC) at … More
Q: How Do I Qualify For Unemployment Benefits?
A: To qualify for benefits: You must have worked and been paid wages for employment in at least two calendar quarters in your base period; AND You must have been paid at … More
Q: How Is My Weekly Benefit Rate Determined?
A: Your original benefit rate is calculated on your actual high quarter wages. Your weekly benefit rate is one twentyfifth (1/25) of your high quarter wages. Wages … More
Q: How Do I Claim My Weekly Benefits?
A: The office where you file your claim will give you instructions on how to certify for benefits by telephone, or possibly by mailing your coupon. You will receive an … More