New York Employment Law FAQs: FMLA, Wrongful Termination, and At-Will Employment

Employment law can feel confusing, especially if you were recently fired, denied leave, or treated unfairly at work. Below are clear answers to some of the most common questions New York employees and employers ask.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) protects employees who need time off to care for themselves or a close family member with a serious medical condition.

FMLA allows eligible employees to take unpaid, job-protected leave without fear of losing their job. This law applies to many employers and covers specific medical and family situations.

Can My Employer Ask Why I’m Taking FMLA Leave?

Yes—but only to a point.

Your employer can request enough information to confirm that your leave qualifies for FMLA. However, they cannot demand unnecessary personal details or use your leave as a reason to punish you.

Can I Sue for “Wrongful Termination” in New York?

This is one of the most common questions we receive. The answer surprises many people.

Two Common Scenarios

Scenario 1: Terri

Terri worked at Smith & Co. for five years with no issues. A new supervisor took over and started criticizing her work. Within three months, the company placed her on a performance plan and then fired her.

Terri feels shocked and confused. She cannot understand how her performance could drop so quickly. She wonders if she can sue for wrongful termination.

Scenario 2: John

John gets hired for a technical job with the promise of training. The company provides very little training and throws him into the work immediately. Three weeks later, they fire him for poor performance.

John also wonders if he can sue for wrongful termination.

The Truth: New York Does Not Usually Recognize “Wrongful Termination”

New York is an at-will employment state. That means:

  • Employers can fire employees for almost any reason
  • Employees can quit at any time for any reason
  • The employer does not need to be fair, kind, or reasonable

When Termination Can Be Illegal

A termination may be illegal if it happened because of:

  • Race
  • Age
  • Gender
  • Disability
  • Religion
  • National origin
  • Medical leave
  • Pregnancy
  • Or retaliation for reporting discrimination or harassment

What This Means for Terri and John

  • Terri might have a claim if her boss targeted her due to gender, age, medical leave, or another protected reason.
  • John likely does not have a claim. New York does not require employers to train employees properly.

Can I File a Lawsuit If I Was Fired Without a Good Reason?

Not usually.

Being fired unfairly does not automatically make the termination illegal.

To have a valid legal claim, you must show that:

  • The employer fired you because of discrimination, or
  • The employer fired you in retaliation for protected activity

Without that link, courts will usually dismiss the case.

What Does “At-Will” Employment Mean?

If you work in New York, you probably work at-will.

This means:

  • Your employer can fire you at any time
  • They do not need to explain why
  • You can also quit at any time

How to Check Your Employment Status

Look at:

  • Your offer letter
  • Your employment contract
  • Your employee handbook

Some employers use “good cause” employment instead. That means they must have a valid reason to fire you.

Do At-Will Employees Have Any Rights?

Yes.

Even in at-will employment, an employer cannot fire you because of:

  • Discrimination
  • Retaliation
  • Jury duty
  • Military service
  • Taking legally protected medical leave

I’m an Employer and the Department of Labor Is Investigating Me. What Should I Do?

Call an attorney immediately.

Government agencies can inspect your records and impose penalties. The deadlines to respond are often very short. Delaying can make the situation worse.

How Long Do I Have to File a Discrimination Claim in New York?

It depends on the type of claim.

Many cases require filing first with:

  • The New York State Division of Human Rights, or
  • The EEOC (Equal Employment Opportunity Commission)

These agencies have strict deadlines, so do not wait.

I Think I Was Treated Unfairly at Work. What Should I Do?

Even though New York rarely recognizes “wrongful termination,” discrimination and retaliation claims are real and enforceable.

If you were fired, harassed, or treated unfairly, you should speak with an employment attorney as soon as possible.

Need Help?

If you have questions about:

  • FMLA leave
  • Discrimination
  • Retaliation
  • Sexual harassment
  • Or termination in New York

Contact us. We’re happy to review your situation and explain your options.

Understanding Employment Law FAQs: FMLA, Wrongful Termination, Discrimination

New York Employment Law FAQs: FMLA, Wrongful Termination, and At-Will Employment

Employment law can feel confusing, especially if you were recently fired, denied leave, or treated unfairly at work. Below are clear answers to some of the most common questions New York employees and employers ask.

What Is the FMLA?

The Family and Medical Leave Act (FMLA) protects employees who need time off to care for themselves or a close family member with a serious medical condition.

FMLA allows eligible employees to take unpaid, job-protected leave without fear of losing their job. This law applies to many employers and covers specific medical and family situations.

Can My Employer Ask Why I’m Taking FMLA Leave?

Yes—but only to a point.

Your employer can request enough information to confirm that your leave qualifies for FMLA. However, they cannot demand unnecessary personal details or use your leave as a reason to punish you.

Can I Sue for “Wrongful Termination” in New York?

This is one of the most common questions we receive. The answer surprises many people.

Two Common Scenarios

Scenario 1: Terri

Terri worked at Smith & Co. for five years with no issues. A new supervisor took over and started criticizing her work. Within three months, the company placed her on a performance plan and then fired her.

Terri feels shocked and confused. She cannot understand how her performance could drop so quickly. She wonders if she can sue for wrongful termination.

Scenario 2: John

John gets hired for a technical job with the promise of training. The company provides very little training and throws him into the work immediately. Three weeks later, they fire him for poor performance.

John also wonders if he can sue for wrongful termination.

The Truth: New York Does Not Usually Recognize “Wrongful Termination”

New York is an at-will employment state. That means:

  • Employers can fire employees for almost any reason
  • Employees can quit at any time for any reason
  • The employer does not need to be fair, kind, or reasonable

When Termination Can Be Illegal

A termination may be illegal if it happened because of:

  • Race
  • Age
  • Gender
  • Disability
  • Religion
  • National origin
  • Medical leave
  • Pregnancy
  • Or retaliation for reporting discrimination or harassment

What This Means for Terri and John

  • Terri might have a claim if her boss targeted her due to gender, age, medical leave, or another protected reason.
  • John likely does not have a claim. New York does not require employers to train employees properly.

Can I File a Lawsuit If I Was Fired Without a Good Reason?

Not usually.

Being fired unfairly does not automatically make the termination illegal.

To have a valid legal claim, you must show that:

  • The employer fired you because of discrimination, or
  • The employer fired you in retaliation for protected activity

Without that link, courts will usually dismiss the case.

What Does “At-Will” Employment Mean?

If you work in New York, you probably work at-will.

This means:

  • Your employer can fire you at any time
  • They do not need to explain why
  • You can also quit at any time

How to Check Your Employment Status

Look at:

  • Your offer letter
  • Your employment contract
  • Your employee handbook

Some employers use “good cause” employment instead. That means they must have a valid reason to fire you.

Do At-Will Employees Have Any Rights?

Yes.

Even in at-will employment, an employer cannot fire you because of:

  • Discrimination
  • Retaliation
  • Jury duty
  • Military service
  • Taking legally protected medical leave

I’m an Employer and the Department of Labor Is Investigating Me. What Should I Do?

Call an attorney immediately.

Government agencies can inspect your records and impose penalties. The deadlines to respond are often very short. Delaying can make the situation worse.

How Long Do I Have to File a Discrimination Claim in New York?

It depends on the type of claim.

Many cases require filing first with:

  • The New York State Division of Human Rights, or
  • The EEOC (Equal Employment Opportunity Commission)

These agencies have strict deadlines, so do not wait.

I Think I Was Treated Unfairly at Work. What Should I Do?

Even though New York rarely recognizes “wrongful termination,” discrimination and retaliation claims are real and enforceable.

If you were fired, harassed, or treated unfairly, you should speak with an employment attorney as soon as possible.

Need Help?

If you have questions about:

  • FMLA leave
  • Discrimination
  • Retaliation
  • Sexual harassment
  • Or termination in New York

Contact us. We’re happy to review your situation and explain your options.