Legal Question in Employment Law in New York

Can I be fired from my job of 8 years for being unhappy at work? That was the only explaination I was given.


Asked on 10/18/11, 6:12 am

1 Answer from Attorneys

Michael Haber Law Offices of Michael S. Haber

Most employment is "at will," meaning that either the employer or the employee is free to end the employment relationship. Just as an employee is free to leave for any reason (even for a bad reason), the employer has the same freedom to end the employment. The exceptions to the "at will" doctrine are where there is a written employment agreement, such as a collective bargaining agreement, or where there is unlawful discrimination (based upon such factors as sex, pregnancy, age, disability, national origin, color, creed, race, or religion) or retaliation.

Thus, one can be fired for the color of his tie, but not the color of his skin.

Employers, of course, are not always honest and forthright about their reasons for terminating an employee. Thus, one must sometimes look beyond the reason given and determine whether there is any basis to believe that the supposed reason for the termination is not a proxy for some sort of unlawful discrimination.

Good luck to you.

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Answered on 10/18/11, 8:59 am


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