This is one of the frequently asked questions from workers
whether they will be protected or not in case their employer fires them for
little or no reason at all. The question is legitimate when you’re dealing with
strict behavior from your manager or equivalent level person or when you feel
your employment is not secure. Most of the employment
lawyers say ‘yes’ when they hear this kind of query because there
are ways and conditions when an employer is allowed to terminate his employee
at will.
The truth is there is no protection for employee except the
condition in which employer gives an unfair reason for termination that is also
against the labors’ rights. Without any cause or with an illegal reason if your
company fires you, there are legal options for you to sue your employer. An employment law attorney New York
can help you with local state law, reviewing written and oral employment
contracts.
Termination without
reason
In the US, people are hired by a company in two common forms
– contract or at-will workers. If someone is hired with a contract it mentions
the period of employment, duties, and most importantly the conditions or
reasons for which he can be dismissed from the work. On the contrary, at-will
workers do not have a written and signed contract. Termination without reason
should be incorporated with a notice to the employee.
Termination with
reason
“With just cause” or “with reason” termination can happen
when the employer will give a valid reason and then he is not required to give
any further notice in writing. However, the company is required to pay
severance before laying off an employee without any cause. You can ask for
assistance from a law firm in Manhattan NY
to calculate severance and other litigation management.
Here some conditions
in which termination will be inappropriate or illegal
Retaliation: Whether
you are hired by an “at-will” employer or have a written agreement for the job,
employers do not possess the right to retaliate. They can’t fire you in a way
of retaliation. If a worker complains against the unhealthy environment of a
company to the state health department and in return, if the employer
retaliates him/her, this would be a case of reprisal. In those circumstances, you always have the
option to seek help from employment
lawyers New York for compensation or get back your job.
Discrimination: It
will be considered a “wrongful termination” if it involves discrimination in
any form. If an employer discriminates on the basis of the employee’s race,
religion, gender, sexual orientation, citizenship, color, age, status, or
physical disability, you can contact an employment
law attorney for a wrongful termination claim.
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