In New York, employment is considered "at will," meaning that either the employer or the employee can terminate the employment relationship at any time, with or without notice or cause. However, certain legal requirements must be met when terminating an employee in order to avoid potential legal liability.
First, the termination must not violate any state or federal anti-discrimination laws. This means that an employer cannot terminate an employee based on their race, religion, gender, age, national origin, disability, or other protected characteristic. Additionally, an employer must not retaliate against an employee for engaging in legally protected activities, such as reporting discrimination or harassment.
Second, if the employer has a written employment contract with the employee, they must follow the termination provisions outlined in the contract. For example, the contract may require a certain amount of notice before termination or specify grounds for termination.
Third, employers must follow any applicable notice and payment requirements under state law. For example, employers must give employees who are terminated without cause a written notice indicating the date of termination and the reason.
Fourth, employers must comply with any contractual obligations they have to the employee, such as paying out unused vacation time or providing severance pay if applicable.
If an employer fails to meet these requirements, they may face legal liability for wrongful termination, discrimination, or other claims. Employers should consult with an experienced employment attorney before terminating an employee to ensure they are meeting all legal requirements.
If an employee believes that they have been wrongfully terminated or discriminated against, they may wish to contact an employment attorney to discuss their options for legal recourse.
By
