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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12202
Experience:  Significant experience in all areas of employment law.
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Can an employer fire you without cause and any warnings?

Customer Question

Can an employer fire you without cause and any warnings?
Submitted: 8 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 8 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Can you please tell me if you are in a union? Also, did you have a contract guaranteeing your employment for any specified length of time, or which restricts your employer from terminating you but for misconduct? I very much look forward to helping you on this matter.

Customer: replied 8 months ago.
No union, no contract for specific length of employment, nor restrictions from terminating for misconduct. In this case no misconduct had occurred nor has any been documented on the contrary documentation of exemplary work exists!
Customer: replied 8 months ago.
Where's my answer
Expert:  Patrick, Esq. replied 8 months ago.

Thank you very much.

Unfortunately, employment in the state of New York is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Thus, an employer would not be restricted to terminating you for misconduct, nor due to your exemplary work record. Just as you can quit at any time, your employer is regretfully free to terminate the employment relationship with equal freedom. No advanced notice or warning is required.

Expert:  Patrick, Esq. replied 8 months ago.

So, termination under the circumstances you describe would not violate any law. You would, however, be eligible for unemployment benefits.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 8 months ago.

Are you still with me?