New York law strongly adheres to the principle of employment at will; except where it does not. Over the years, the government continuously adds new legal protections for employees, to such a degree that employers may not be aware of all the current circumstances under which terminating an employee may be unlawful. Reflecting on our own experience advising organizations on employment law compliance, we have begun a list- of some of the more obvious ways in which employees are protected against termination, and to highlight some of the less known legal protections.

You cannot fire a New York employee:

1. Based on age, an arrest record, caregiver status, citizenship, color, disability, familial status, gender, gender expression, gender identity, genetic information or characteristics, immigration status, marital status, military status, national origin, pregnancy, childbirth or related medical conditions, race, religion, sexual and reproductive health decisions, sexual orientation, status as victim of domestic violence, unemployment status, or other characteristics protected by local laws.
2. Because they complained about harassment or discrimination.
3. Because they reported a violation of any other federal, state, or local law or rule.
4. For requesting a reasonable accommodation based on a disability.
5. For requesting a reasonable accommodation based on religion.
6. For taking FMLA leave.
7. For taking paid family leave.
8. For not being cleared to return to work at 12 weeks and one day after commencing FMLA leave.
9. For taking paid sick time to care for a family member.
10. For taking paid sick time for their own health reasons.
11. For requesting time off to vote.
12. For requesting time off to get support services as a victim of domestic violence.
13. For requesting time off to donate blood or bone marrow.
14. For serving as an emergency services worker during a declared state emergency.
15. For requesting to be paid all their overtime hours.
16. For questioning deductions in their paycheck.
17. For complaining to others about work conditions.
18. If unionized, for requesting a union representative at a meeting that may lead to discipline.
19. For objecting to someone smoking in the workplace.
20. For reporting a safety hazard.
21. For serving as a witness in a workplace investigation of harassment, discrimination or other legally protected activity.
22. For marijuana use on their personal time.
23. For taking a half-hour lunch break when working a shift longer than six hours.
24. For requesting break time or a private space to express breast milk in the workplace.
25. For not complying with a gender-specific dress code.
26. For complaining about work conditions on their own time.
27. For recruiting others to support a union.
28. For doing legal activities on their personal time that seem unsafe.
29. For working on a political campaign in their personal time.
30. For asking a coworker how much they are paid.
31. For sharing their own salary information.
32. For posting bad things online about the organization that are not confidential or defamatory.

Note this list is not exhaustive – there may be other legal factors that we have not included. Also some of the items on this list are nuanced. When in doubt, get legal advice.

By Tracey I. Levy