Best Hiring & Firing Lawyers in New York

About Hiring & Firing Law in New York, United States

Hiring and firing law in New York refers to the rules, regulations, and legal standards that govern employment relationships, including the processes for onboarding new employees and terminating current ones. In New York, employment is generally considered "at-will," meaning employers can hire or fire employees for almost any reason, or no reason at all, as long as the reason is not illegal. However, federal, state, and local laws offer important protections for job seekers and employees to prevent discrimination, wrongful termination, and other workplace abuses. Employers must comply with these regulations to avoid potential legal challenges.

Why You May Need a Lawyer

There are numerous situations where individuals and businesses may benefit from legal assistance relating to hiring and firing in New York. Some common scenarios include:

• Suspecting discrimination during the hiring or firing process based on race, sex, age, religion, disability, or other protected characteristics.
• Termination that might violate an employment contract or a company policy.
• Unclear or missing severance agreements, non-compete clauses, or confidentiality agreements.
• Accusations of retaliation after reporting workplace safety issues, wage violations, or harassment.
• Concerns regarding lawful employee classification (employee vs. independent contractor).
• Violations of wage and hour laws, such as improper payment of minimum wage or overtime.
• Wrongful denial of unemployment benefits following termination.
• Assisting employers in drafting clear, lawful employment policies and procedures.

A qualified employment lawyer can help you understand your rights, gather evidence, communicate with the other party, and guide you through filing a legal claim or responding to one if necessary.

Local Laws Overview

New York has several unique laws and protections relating to hiring and firing practices, often exceeding federal standards. Employers operating in New York must comply with federal laws such as the Civil Rights Act, Americans with Disabilities Act, and the Fair Labor Standards Act, as well as state-specific rules.

• New York State Human Rights Law: Prohibits employment discrimination based on many characteristics, including gender identity, sexual orientation, marital status, and more.
• New York City Human Rights Law: Covers similar bases as the state law but is even broader in some cases.
• Ban-the-Box Law: Limits when and how employers can inquire about criminal histories during the hiring process.
• Wage Transparency: Employers in New York City and some other localities must post the minimum and maximum salary range on job postings.
• Notice Requirements: The New York Labor Law requires written notice of pay rate and payday at hiring and upon changes.
• WARN Act: New York’s mini-WARN Act requires certain employers to provide advance notice of mass layoffs or plant closings.
• At-Will Employment: Employment in New York is at-will, but wrongful termination suits can arise from violations of specific laws, contracts, or public policy.

Employers must maintain clear, lawful employment policies and stay updated on changes to these laws, as New York frequently revises workplace regulations.

Frequently Asked Questions

What does "at-will employment" mean in New York?

At-will employment means that either the employer or employee can end the employment relationship at any time and for almost any reason, provided it is not illegal (such as discrimination or retaliation).

Can an employer ask about my criminal history during the hiring process?

In New York City and some other jurisdictions, employers cannot ask about criminal history on job applications or before making a conditional job offer. This is known as “ban-the-box.”

What are protected characteristics under New York law?

Protected characteristics include race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, marital status, and other factors outlined in the Human Rights Laws.

Do I have the right to see the salary range for a job posting?

In New York City and some other localities, employers must include salary ranges in job postings to promote pay transparency.

What steps should my employer take before firing me?

Except when subject to a contract or collective bargaining agreement, employers can generally terminate at-will employees without prior notice. However, they cannot base the decision on illegal reasons or violate company policy, contracts, or laws.

Can I sue for wrongful termination in New York?

Yes, but only if you were fired for an illegal reason, such as discrimination, retaliation, breach of contract, or another protected activity.

What is the WARN Act, and does it apply to my job?

The New York WARN Act requires certain employers to provide 90 days advance notice before mass layoffs, plant closings, or significant reductions in work hours. This generally applies to employers with 50 or more workers.

Is severance pay required when I am fired?

New York law does not require employers to provide severance pay unless it is stipulated in a contract, company policy, or a union agreement.

What can I do if I believe I was fired because of discrimination?

You can file a complaint with the New York State Division of Human Rights, the New York City Commission on Human Rights, or the federal Equal Employment Opportunity Commission. Consulting an employment lawyer can help you understand your options.

Am I entitled to unemployment benefits if I was fired?

You may be eligible for unemployment benefits unless you were fired for misconduct. The New York State Department of Labor processes these claims and can provide further guidance.

Additional Resources

• New York State Department of Labor - Offers information on workplace rights, unemployment insurance, and employer responsibilities.
• New York State Division of Human Rights - Handles complaints about discrimination and enforces state human rights law.
• New York City Commission on Human Rights - Provides information about local anti-discrimination laws and assists with filing complaints.
• Legal Aid Society - Provides free or low-cost legal assistance to qualifying individuals regarding workplace issues.
• U.S. Equal Employment Opportunity Commission (EEOC) - Enforces federal anti-discrimination laws and accepts complaints.
• National Employment Law Project (NELP) - Offers research and guidance on workers’ rights and employment policy.

Next Steps

If you need legal assistance related to hiring or firing issues in New York, start by gathering all relevant documents, such as employment contracts, pay stubs, termination letters, and company policies. Consider contacting one of the resources listed above or scheduling a consultation with a reputable employment lawyer. A legal professional will evaluate your case, explain your rights and obligations, and help you determine the best course of action. Acting promptly is important, as there may be strict deadlines for filing a complaint or lawsuit.