When At-Will Isn’t Enough: Legal Exceptions to At-Will Firing in New York
They can fire you for any reason. Or no reason at all. That’s what most New Yorkers believe about their jobs. And technically, that’s true, but only to a certain extent.
If you've been fired and something about it feels off, it might not be as simple as “at-will.” In New York, there are real exceptions to the rule, and some terminations cross a legal line. Here's how to tell the difference.
What Is At-Will Employment in New York?
In New York, at-will employment means your employer can terminate you at any time, with or without cause, and with or without notice. It also means you're free to leave your job at any time, for any reason. But while that sounds like an even playing field, employers don’t have blanket immunity. State and federal laws provide important exceptions that protect workers from being fired for illegal or unethical reasons.
The Major Legal Exceptions to At-Will Firing in NY
Discrimination
One of the most important exceptions to at-will employment involves discrimination. It is illegal to fire someone based on protected characteristics such as race, gender, age, religion, disability, sexual orientation, gender identity, national origin, pregnancy, or marital status. New York State and New York City both have robust anti-discrimination laws. In fact, NYC’s Human Rights Law is one of the strongest in the country. If your termination followed a disclosure of pregnancy, a disability accommodation request, or a complaint about discriminatory treatment, it may be illegal.
Retaliation
Another key exception involves retaliation. If you were fired for reporting harassment, complaining about unsafe working conditions, filing a wage claim, or blowing the whistle on illegal practices, your firing could violate Labor Law § 740 or § 741.
These laws protect workers who speak up, even if the underlying issue isn’t ultimately proven. What matters is whether you had reasonable cause and whether your termination was tied to your protected activity. Retaliation doesn’t always look like a pink slip. It might mean your hours were cut, your schedule was changed, or you were reassigned to undesirable shifts. These too may be legally actionable. (Because retaliation doesn’t always result in termination, Legal Ally considers this a sub-category of employment law, separate from wrongful termination.)
Public Policy Exception
Even in an at-will state like New York, there are limits. Employers can’t terminate workers for reasons that violate public policy. That means you can’t legally be fired for doing something the law requires, such as serving jury duty. It also means you can’t be fired for refusing to do something illegal, like lying to investigators or falsifying company records. This exception is narrower than others, but it's recognized in New York courts and can be powerful in the right circumstances.
Implied Contracts and Employee Handbooks
Most employees don’t have formal employment contracts. But in some cases, your company’s policies and statements may create an implied contract. If your employee handbook promises progressive discipline or termination “only for cause,” and your employer fails to follow that process, you may have a claim. These situations are fact-specific and depend on whether disclaimers were included in the handbook. But if your employer made repeated verbal or written promises about job security, it’s worth discussing with Legal Ally partner, Jessica A. Rounds, who handles the firm’s employment law division.
Union and Civil Service Protections
If you’re part of a union or work in civil service, you likely have stronger job protections. Most union contracts include “just cause” clauses that prevent employers from firing you without a valid reason. These cases typically go through arbitration, and timelines are crucial. Public employees may also have protections under civil service laws that require hearings or specific procedures before termination. These protections don’t apply to all workers, however, if they apply to you, they override at-will status.
A Recent NY Case That Shows the Exceptions in Action
Earlier this year, New York State agreed to pay $750,000 to a former employee who was fired after testifying in a sexual harassment case involving a state agency. The worker alleged she was terminated in retaliation for her testimony. The case didn’t hinge on whether she was an at-will employee. Instead, it focused on whether her firing violated anti-retaliation laws. This high-profile case shows that even government employers (and even years after the fact) can be held accountable for wrongful terminations tied to protected activity.
What If You Suspect You Were Illegally Fired?
If you were recently terminated and something about it doesn’t sit right, ask yourself these questions:
• Were you fired soon after reporting harassment, discrimination, or illegal conduct?
• Were you promised job security, either verbally or in writing?
• Did your employer treat you differently from coworkers in similar situations?
• Are you part of a legally protected group?
• Do you have documentation (emails, texts, reviews, etc.) that help show what happened?
If the answer to any of these is yes, your firing may fall outside the bounds of at-will employment. You don’t have to figure it out alone. A consultation with Jessica A. Rounds can help you determine if you have a case.
How Legal Ally Can Help
Attorney Jessica A. Rounds spent many years on the corporate side, defending employers and learning their playbook. Now she puts that experience to work for employees who’ve been unfairly treated. If you believe you were wrongfully terminated in New York, Legal Ally can help you understand your rights and pursue the justice you deserve.
Fired for the Wrong Reason?
Even in an at-will state like New York, your termination might violate the law. If you suspect your firing was unjust, Legal Ally can help. Schedule a free case review today and learn your rights.
Schedule Your Free Case Review