New York does not recognize an action for wrongful termination. It is an employee-at-will state, meaning that your employer can fire you for any reason or no reason, and you can quit your job for any reason or no reason. You may, however, have a claim against your employer if, for example, you have a written Employment Agreement, or your employer has an Employee Handbook which specifically addresses termination procedures and your employer did not follow those procedures, or you are protected by a union under a Collective Bargaining Agreement, or your civil rights have been violated.
In the case of a Collective Bargaining Agreement, you may first be required to exhaust all of the procedures set forth in the Collective Bargaining Agreement for termination before you file a lawsuit against your employer. Similarly, if your employer violates a constitutionally protected right by discriminating against you on the basis of age, race, sex, disability, etc., there are administrative remedies that must be exhausted before you may pursue a claim against your employer. (more…)
Tags: collective bargaining agreement, department of human rights, eeoc, employee-at-will, equal employment opportunity commission, fired, wrongful termination