TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

DECEMBER 2009: WRONGFUL TERMINATION: DOES IT REALLY EXIST AS A LEGAL CLAIM?*

I regularly receive emails and voice mails from potential clients telling me that they believe they have a strong claim because they were "wrongfully terminated." In the State of New York, and in almost every other state, there is no such claim because you are an "at will" employee and, as explained in my September 2007 Monthly Tip, your employer can hire and fire you for any reason or no reason at all.

In order to be "wrongfully terminated" your employer must have, among other things, breached a contract of employment for set period of time, terminated you in violation of laws that protect you for discrimination or terminated you for what is referred to as "whistle-blowing" statute. In essence, you have to have a claim that arises out of a violation of contract or law. Regardless of how good your performance is, being terminated for political reasons, because your boss does not like you or because HR falsely accuses you of some misconduct does not constitute a wrongful termination.

That does not mean that these types of issues leave you powerless to negotiate with your employer for severance or other needed post-employment benefits. It just means that you do not have a legal claim and if you are unsuccessful in your negotiation you will not have a lawsuit to fall back on. In all events, only an attorney can tell you what your legal rights are.

Next Month’s Tip: HAVE AN ATTORNEY REVIEW YOUR EMPLOYMENT AGREEMENT

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.