One of the most common reasons for terminating employment is that the employee isn’t a “good fit.” New York is an “at will” employment state, meaning employers can fire employees they don’t think are a good fit for their companies. However, employers cannot fire employees for discriminatory reasons or for violating employment contracts in a wrongful termination.
If you suspect that your position was terminated for discriminatory reasons or that your employer violated your employment contract, it is crucial to speak to an attorney. Some employers will claim they are terminating an employee’s position because they are not a “good fit” to hide the real, unlawful reason they are firing the employee. The New York City employment attorneys at Lipsky Lowe LLP will review your case and help you understand whether you have a valid legal claim against your employer.
New York Is an “At Will” Employment State
New York is considered an “at will” employment state. This means that both employees and employers have the right to terminate the employment relationship at any time, for any reason, or for no reason at all, without incurring legal liability. However, this does not mean that employers can terminate employees for discriminatory reasons or in violation of an employment contract.
Due to New York’s “at will” status, employees may go to work in the morning only to find themselves being fired in the afternoon without receiving a specific reason for the termination. Because New York is an “at will” employment state, employers have the right to fire an employee for “not being a good fit.” Employers even have the right to fire employees without giving them any reason or justification for their actions.
Were You Fired Due to Unlawful Discrimination?
Most New York City employers know they cannot fire employees for discriminatory reasons. Some human resources departments have become more clever and covert when they terminate and employee’s employment to avoid legal claims against them. For example, a human resources officer may tell an employee they are being fired because they are not “a good fit” when, in reality, they are firing an employee because of their race, gender, sexual orientation, disability, or status in another protected class.
The robust New York City Human Rights Law prohibits discrimination in any aspect of the employment process, from hiring to discipline and firing. Employers are strictly prohibited from discriminating against employees by firing them based on their membership in one or more of the following protected classes:
- Age
- Immigration or citizenship status
- Color
- Disability
- Gender (including due to sexual harassment)
- Gender identity
- Marital status or partnership status
- National origin
- Pregnancy and lactation accommodations
- Race/creed
- Height and weight
- Sexual orientation
- Statuses of Veteran or active military service member
- Arrest or conviction record
- Caregiver
- Credit history
- Pre-employment marijuana testing
- Unemployment status
- Sexual and reproductive health decisions
- Salary history
- Pay transparency
- Status as a victim of domestic violence, stalking, and sexual offenses
The list of protected classes in New York City is broad. If you’ve been fired for not being a “good fit,” don’t take your employer’s justification at face value. If you suspect you were fired due to discrimination, it’s worth speaking to an attorney about your legal options.
Employers Cannot Unlawfully Retaliate Against Employees.
In some cases, employees discover they’re being fired because they aren’t a “good fit” after they begin pursuing an employment claim against their employer. Employers may try to retaliate against employees for speaking up about unlawful, discriminatory practices in the workplace, such as unequal pay, harassment, or denial of promotions based on protected class status. The law protects employees from retaliation as long as they have a reasonable good faith belief that their employer had engaged in unlawful employment practices when they filed a claim.
An employer cannot terminate your employment because you opposed an unlawful discriminatory practice, made a charge, filed a discrimination complaint, or participated in an investigation of your employer. Additionally, employees cannot be terminated for requesting disability accommodations from their employer.
Pursuing a Breach of Contract Claim
Although New York state is in an “at will” employment state, employers are still bound to employment contracts they sign. An employer can’t terminate an employee because they aren’t a “good fit” if doing so violates an employment contract they signed with the employee. Many employment contracts state that an employee can only be fired for “good cause,” which may include performance issues, misconduct, or a significant change in the company’s needs. The contract may specify what constitutes “good cause.”
When employers fire an employee in violation of their employment contract, the employee can pursue damages through a breach of contract claim. Similarly, employers must adhere to the policy stated in their employment handbooks. For example, suppose the employment handbook states that a written warning needs to be given to the employee before their position is terminated, and the employer doesn’t provide notice. In that case, the employee can pursue legal action against the employer.
Contact an Employment Attorney in New York City
If you’ve been fired for not being a “good fit” in New York City, it’s crucial to understand your legal options. The experienced employment attorneys at Lipsky Lowe LLP will carefully review the facts of your case and advise you as to whether you have a valid wrongful termination or breach of contract claim against your former employer.
Our experienced employment attorneys know how to hold employers accountable. We will pursue the best outcome possible in your case. Contact Lipsky Lowe LLP to schedule a complimentary, no-obligation case evaluation with a New York City employment attorney.