Can I sue for wrongful termination in New York?
1. At-Will Default
New York's at-will rule is strong. Martin v. New York Life Ins. Co., 148 N.Y. 117 (1895).
2. Public Policy Exception
Murphy v. American Home Products Corp., 58 N.Y.2d 293 (1983), declined to recognize a public-policy tort for at-will employees. Wieder v. Skala, 80 N.Y.2d 628 (1992), created a narrow exception for attorneys required to report ethics violations.
3. Implied Contract
Recognized narrowly. Weiner v. McGraw-Hill, Inc., 57 N.Y.2d 458 (1982), requires express assurances in writing (handbook) + employee reliance + employer dissemination. Strong at-will disclaimer defeats the claim.
4. Implied Covenant of Good Faith
Not recognized as an independent claim in at-will employment (Murphy).
5. Statutory Discrimination Claims
NYSHRL (N.Y. Exec. Law § 296) prohibits discrimination across broad classes (race, sex, age 18+, sexual orientation, gender identity, marital status, domestic violence victim, etc.). Enforced by New York State Division of Human Rights (NYSDHR); 3-year SOL for filing (extended from 1 year in 2019). NYCHRL is even broader. Title VII, ADEA, ADA apply; EEOC charge within 300 days.
6. Retaliation Statutes
N.Y. Lab. Law § 740 — Whistleblower Law, amended 2022 to cover good-faith belief of violation (no longer must be actual violation creating health/safety danger). § 215 (Labor Law retaliation); WCL § 120 (workers' comp retaliation).
7. WARN Act
N.Y. Lab. Law § 860 (NY mini-WARN) — 90 days' notice (longer than federal), 50+ employees, broader than federal WARN.
8. Damages
NYSHRL: back pay, front pay, compensatory, punitive (since 2019), attorney's fees. § 740: back pay, reinstatement, attorney's fees, civil penalty up to $10k.
9. Statute of Limitations
NYSHRL: 3 years; NYCHRL: 3 years; § 740: 2 years; written contract: 6 years (CPLR § 213).
This is legal information, not legal advice.
- You believe you were terminated for reporting employer misconduct under amended Labor Law § 740
- You were laid off without 90 days' notice from a New York employer with 50+ employees
- You experienced discrimination or harassment under NYSHRL or NYCHRL
- N.Y. Exec. Law § 296 (NYSHRL)
- N.Y. Lab. Law § 740 (Whistleblower)
- N.Y. Lab. Law § 860 (NY WARN)
- N.Y. WCL § 120
- Murphy v. American Home Products, 58 N.Y.2d 293 (1983)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.