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Misconception 1: There Are No Exceptions to Termination in an At-Will Employment State
In most situations, an employer can fire an employee at any time and without cause. However, there are some exceptions, including:
Other exceptions include terminating a worker for reasons that violate public policy, such as a worker refusing to commit a crime for the employer. If the court determines the employer and employee had an implied employment contract, it could change the at-will right to terminate an employee for no reason.
Misconception 2: At-Will Employees Are Not Entitled to Notice Upon Being Terminated.
Employers are not required to provide notice to an at-will employee before terminating them. However, New York labor laws require employers to provide written notice of termination. The written notice must include the dates of their employment and when their benefits end. The notice must be given to the employee within five days of termination.
Misconception 3: An Employer Can Fire an Employee for Being Disloyal.
It depends on the circumstances. Federal and state law prohibit employers from terminating employees in retaliation for exercising their rights. For example, an employer cannot fire a worker in retaliation for reporting safety concerns to OSHA or criminal activity to the FBI.
On the other hand, if an employee complains about the employer to clients and customers, the employer may be within its rights to fire the employee. For instance, the employee tells a customer that it is difficult working for their employer because of his affair with his secretary.
Misconception 4: Union Members Are At-Will Employees in New York.
This belief is not true. If an employee is a member of a labor union or works under the terms of a collective bargaining agreement, the law does not consider the employee to be engaged in at-will employment. Therefore, the employer can only fire the employee for causes listed in the agreement.
Misconception 5: At-Will Employment Benefits the Employee.
At-will employment gives workers the flexibility to change jobs whenever they find a better opportunity or are unhappy with their current job. This flexibility can help a worker advance their career.
However, the downside to at-will employment is the lack of job security and protections. An at-will worker has no job security. They could walk into work and be fired for no reason. At-will workers have few protections compared to workers with employment contracts and collective bargaining agreements.
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