New York is an “at will” employment state, meaning that both the employee and employer have the ability to terminate an employment for any reason at all. Employers may fire an employee in the most callous fashion they’d like just because they don’t like the employee. There is no cause of action for “wrongful termination” per se, but employees have a cause of action when terminated for a prohibited reason. Employees are protected from termination on a number of bases of discrimination. Federal and state laws also prohibit employer retaliation against employees who complained of or reported a workplace law violation or who filed/participated in a lawsuit.

Employees found to have been wrongfully terminated may be entitled to all lost earnings and benefits plus interest, damages for emotional distress, punitive damages, and all attorney’s fees and costs.