 |
Labor and Employment Bulletin
New York Employment Law: Unfair Termination
by Mat Paulose Jr., Esq.
What legal recourse do you have if you feel you’ve been unfairly terminated from your employment? Unfortunately, very little. In New York, you may be terminated from your employment at any time, with or without cause, for any reason or for no reason at all. This rule is commonly referred to as the employment-at-will rule.
The rule applies, however, only absent a written or verbal agreement saying otherwise. If you and your employer have a written or verbal agreement stating that you will be terminated only for cause, then the rule is inapplicable. However, the written or verbal agreement must be clear and unambiguous. For example, a written agreement stating that you will be employed for at least five years is most likely considered clear and unambiguous. But general assurances of future employment are not enough to defeat the employment-at-will rule.
The following employer statements are examples that New York courts have considered insufficient to defeat the employment-at-will rule:
- “you will have a good career here”
- “don’t worry, you will not be terminated; there are plenty of jobs for you here”
- “you will be well taken care of here”
- “as long as you perform well, you will always have a job here”
- “you will be here on a long term career basis”
- “you will have a full working life here”
- “you will be here for the remainder of your career”
- “you are in-line to be the next CEO”
While these general assurances alone are insufficient, they may be enough if coupled with evidence of other indicia contrary to the employment-at-will rule. For example, in Weiner v. McGraw Hill (N.Y. 1982), an employee was allowed to pursue a claim against his employer for breach of an implied employment contract where the employee demonstrated the following:
- the employee was induced to leave his prior employment by the assurances of his employer;
- the assurances were reduced to writing;
- the employee rejected other offers of employment in reliance on the assurances;
- a personnel handbook or manual provided termination only for cause.
Thus, the employment-at-will rule is not insurmountable. As New York courts have recognized, it is “no more than a rebuttable presumption.” A good employment attorney can help you determine whether you have a claim for unfair termination. |
