Wrongful Termination in New York
State-specific overview · Employment Law
New York recognizes wrongful termination for public policy violations and breach of implied good faith covenant.
How New York treats Wrongful Termination
New York protects employees fired in retaliation for jury duty, military service, voting, or reporting illegal conduct. The state recognizes an implied covenant of good faith and fair dealing in all employment contracts, which can support wrongful termination claims even without an express written agreement. New York also enforces explicit employment contracts and recognizes claims based on discrimination or violation of statutory rights. Employees must generally bring claims within three years under the statute of limitations for breach of contract.
The general definition of Wrongful Termination
Illegal firing of an employee in violation of law, contract, or public policy.
Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.
Read the full Wrongful Termination entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.