Fired Illegally in New York? Know Your Rights.

At-will does not mean your employer can fire you for any reason

New York is an at-will employment state, which means an employer can generally end your employment without giving a reason. But at-will has important exceptions — and employers routinely cross those lines. If your termination was motivated by a protected characteristic (race, sex, age, disability, religion, national origin, sexual orientation, gender identity), that is illegal discrimination. If you were fired for filing a workers’ comp claim, that violates NY WC Law §120. If you were fired for reporting workplace safety violations, wage theft, or illegal employer conduct, you may have a whistleblower claim under the NY Labor Law §740 or other statutes.

Constructive discharge is a form of wrongful termination where the employer does not formally fire you — instead, they make working conditions so unbearable that you feel you have no choice but to quit. Courts treat constructive discharge the same as an actual termination. If your employer cut your pay by 40 percent, stripped your duties, reassigned you to a humiliating role, or subjected you to a hostile work environment to push you out, that may be constructive discharge.

At-will employment also does not override an employment contract. If you signed a written contract, an offer letter with specific termination conditions, or a union collective bargaining agreement, your employer is bound by those terms. Firing you in breach of a contract is separately actionable in New York courts. We review every employment document before advising you on which claims apply.