Rights of an Employee Suing an Employer in New York State

New York laws protect workers from punishment for filing legal action against employers

If you take legal action against your current employer, New York labor law may protect you from retaliation depending on your situation. The state's labor regulations specifically designate your employment status and provide certain assurances from termination. In many cases, the reason for the litigation determines your employee rights.

Status

New York labor law views the status of its workforce as employment-at-will. Employers can terminate employees at any time without providing a reason. However, while employment status may be at-will, some stipulations in the law protect employees if there is a legal issue with their employer.

Violations

Employers cannot terminate employees for filing a complaint with the company or the state, concerning a violation of any New York labor law. Complaints based on discrimination are included in the statute. Termination is illegal if employees have a dispute with employers over unpaid wages if the non-payment is in violation of a written or implied contract and thus violates state law.

Protections

The law protects employees from termination without cause if they are members of a union or have a collective bargaining agreement. Employees cannot be terminated for political or recreational activities performed away from work. Work absence while attending jury duty is not a permissible reason for termination.

References

• NYS Department of Labor: Worker Protection in New York State (Page #4 -- Can my employer fire me for any reason?)
• New York Business Litigation and Employment Attorneys: Can I Be Fired For Suing My Employer In New York For An Unpaid Bonus? (Third paragraph)

Resources

• New York State Employee Protection