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Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
With few exceptions, the New York State law states that, absent a contract restricting termination, an employer may fire an employee for "no reason", or even for a reason that might seem arbitrary and unfair, and the employee is equally free to quit at any time without being required to explain or defend that decision.
State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.
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There are exceptions to the “at-will employment” law.
The New York State Division of Human Rights prohibits discrimination based upon race, creed, national origin, age, handicap, gender or marital status. For additional information about how the New York State Division of Human Rights proceeds against unlawful forms of discrimination, go to N.Y. Executive Law, Article 15 - Human Rights Law.
Other exceptions to the doctrine of "employment-at-will" exist under § 201-d and § 215 of the New York State Labor Law. Section 201-d prohibits an employer from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union.
Section 215 prescribes that no employer shall penalize any employee for making a complaint to the employer, to the Commissioner of Labor, or to the Commissioner's representative, about any provision of the Labor Law. Violation of § 215, can bring a civil fine and separate civil action by the employee.
To obtain the text of these statutes, go to Article 7 - General Provisions.
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