Full question:
Is it illegal to use as a reason for termination- the length of time in a position for a long service employee- for termination in an Employment at Will State?
- Category: Employment
- Date:
- State: New York
Answer:
In an employment-at-will state, an employer can generally terminate an employee for any reason, including their length of service, unless there is an employment contract or union agreement that states otherwise. Federal laws protect employees from being fired for discriminatory reasons related to age, race, gender, nationality, disability, or religion. Claims of wrongful discharge often arise when termination appears to violate these protections.
Without a contract, employees are typically considered at-will, meaning they can be dismissed for any reason or no reason at all. However, if a contract or collective bargaining agreement exists, it may require the employer to provide fair warning regarding performance issues or to follow specific procedures before termination.
Additionally, some state courts and legislatures have limited the ability of employers to terminate employees without cause, especially if the termination violates public policy or if the employer's statements about job security imply a contract requiring just cause for dismissal. Employee handbooks or personnel policies may also be interpreted as part of the employment contract, potentially restricting the employer's right to terminate at-will employees without just cause.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.