Termination

Your employer does not have a good reason to fire you

In many cases, you can be fired for a bad reason, or no reason at all. In New York, if you work in the private sector, your employer is not required to have good cause to fire you. Your employer can do this for reasons many people might consider unfair, such as because:

• your boss wants to replace you with a member of their own family
• you fought with a coworker (even if the other worker is not fired as well)
• your boss does not like you
• you had to come back late from vacation because your flight was cancelled

If you work for the government (the public sector) or if you are covered by a collective-bargaining agreement, you may have more legal protection. 

If you work at a fast-food restaurant in New York City, you cannot be fired or have your hours reduced by more than 15 percent without just cause or a legitimate business reason. If you work at a New York City fast-food restaurant and believe you have been fired or had your hours reduced without just cause, you can file a complaint with the New York City Department of Consumer and Worker Protection. 

In some circumstances, you might be able to take legal action (have legal recourse) if you are fired unfairly. See the following sections for more details. 

If you have a contract, you may have a case

If you work under a contract that says that you can be fired only for cause, you may have recourse. Most union contracts include a good-cause provision. If this is the case, you must follow the grievance procedure defined in that contract. There may be a very short deadline for filing grievances, so consult your union representative as soon as possible.

If your union seems unresponsive, contact your union in writing by email or certified mail. For more information, visit the National Labor Relations Board website or call the NLRB at 1-866-667-6572.

Aside from union contracts, some workers have individual written contracts that limit their employer’s right to fire them. If you have a contract, check its terms and consult a private attorney as soon as possible if you think your firing violates your contract.

You cannot be fired for an illegal reason

It is against the law to fire or discriminate against workers for certain specific reasons. In other words, while your employer can fire you for no reason, it cannot do so for an illegal reason. 

Of course, your employer may not give you a reason. Or they may not give you the real reason when they fire you. Keep in mind that agencies that investigate unlawful firings are experienced with this issue. They will thoroughly investigate a situation to identify whether the “real” reason was unlawful. 

The most common prohibited reasons are: 

• Your employer discriminated against you because of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disability. If you believe you were fired or discriminated against for this reason, contact the New York State Division of Human Rights at 1-888-392-3644 or visit the DHR website.
• You complained about a labor-law violation to your employer, a coworker, the Attorney General, or the New York State Department of Labor (NYSDOL). If you believe you were fired or discriminated against for this reason, contact NYSDOL at 1-888-4-NYSDOL or visit the DOL website.

• You are a whistleblower. Keep in mind that whistleblower has a strict, narrow definition under New York Labor Law section 740:
  
  A whistleblower is a current or former employee or independent contractor who discloses or threatens to disclose to a supervisor or public body an activity, policy, or practice of the employer. The whistleblower must reasonably believe that the activity or practice violates a law, rule, or regulation or poses a substantial and specific danger to public health or safety. 

  
  If you fit this description of a whistleblower, you must – with a few exceptions – have given your employer a reasonable opportunity to correct its practice: You must have brought your complaint to a supervisor’s attention before going to a public agency. If you think you were fired for whistleblowing, consult an attorney to determine whether you should take legal action.

• You participated, on your own time, in lawful political or recreational activities. If you believe you were fired because of your involvement in this type of legitimate activity, consult any of the following:
  • a private attorney
  • NYSDOL at 1-888-4-NYSDOL or NYSDOL’s website|
  • U.S. Department of Labor (DOL) at 1-866-4-USWAGE or DOL’s website
• You filed a claim for workers' compensation or disability benefits, or testified before the Workers' Compensation Board. If you believe you were fired for this reason, file a complaint of retaliatory discharge to the Workers' Compensation Board at 1-800-877-1373 or the Workers' Compensation Board website.
• You joined, formed, or supported a union, or you acted with coworkers to try to improve your pay or working conditions (with or without a union). If you believe your employer has fired you because you participated in this sort of activity, contact the National Labor Relations Board (NLRB) at 1-866-667-6572 or visit the NLRB website.
• You filed a claim or otherwise exercised your rights under an employee-benefit plan. For more information, contact the U.S. Employee Benefits Security Administration at 1-866-444-EBSA or visit the Employee Benefits Security Administration website.
• You took leave under the federal Family and Medical Leave Act (FMLA). For more information, contact the U.S. Department of Labor at 1-866-487-9242 or visit the FMLA website.
• If you believe you have been penalized by your employer for missing work to fulfill a jury duty obligation, contact the Commissioner of Jurors for the county where you served jury duty.

You took earned sick leave or requested to be paid for paid sick leave. If you believe you have been fired for taking or requesting earned sick leave, you can file a complaint with the New York State Department of Labor at NYSDOL at 1-888-4-NYSDOL or at NYSDOL’s website. If you work in New York City and have been fired for taking sick leave, you can also file a complaint with New York City Consumer and Worker Protection; follow these instructions from the New York City Department of Consumer Affairs

Your employer must pay you promptly if your job ends

You are entitled to receive any outstanding wages no later than your next regular pay day. You are also entitled to request your employer send the wages through the mail.

Your employer does not have to let you see your personnel file

There is no law in New York that permits an employee to examine their personnel file.

If your former employer is giving you bad references, you may not be able to do much about it

Probably not, as long as what the employer says is true or is just their opinion. If you think you can prove that the employer is spreading false factual information about you, you might want to consult a private attorney.

If your employer closed its operations or conducted a mass layoff without notice, it may have violated state law

Your employer may have violated the New York State Worker Adjustment and Retraining Notification (WARN) Act. This depends on whether your employer and its action are covered by the act. The law requires covered businesses to give employees at least 90 days of notice before a plant closing, mass layoff, or other covered reduction in work hours. If a business does not provide notice, it may be required to pay back wages and benefits to workers.

Learn more about the WARN Act at NYSDOL’s website