Understandably, losing your job can be devastating. Whether you’ve worked at a company for a couple of months or several years, it can be a crushing blow. Whether you were let go or quit, it’s crucial to understand that you are entitled to certain rights. If you believe your employment rights have been violated, please don’t hesitate to contact a New York Employee Rights Lawyer for quality legal representation.
What is At-Will Employment?
In the United States, most workers are at-will employees. This means a private employer is entitled to terminate an employee for any reason at any given time, absent a contract restricting termination, provided it is not an act of illegal retaliation or discrimination. At-will employment also permits employees the right to quit anytime for any reason.
As a result, you don’t have to provide an employer with advance notice of your resignation; this is simply a courtesy and not a legal obligation. If you signed an employment contract stating that employers require notice before you resign, you must comply with the provision to avoid breaching your contract. Nevertheless, while employers can fire an employee without cause, there are certain limitations. For example, your enterprise cannot terminate or demote you based on your:
- Race
- Sex
- Gender identification
- National origin
- Pregnancy
- Disability
- Age
- Military status
- Religion
An employer cannot fire you for illegal reasons. In addition to characteristics protected under anti-discrimination laws, an employer cannot fire you for your association with a union or as retaliation.
What Rights Do I Have When I Leave My Job?
It’s important to understand that some employment is contract-based. This means the duration of the employment will be outlined in a contract that prevents an employee from quitting and from being terminated until the terms have expired. At-will employment, on the other hand, is a whole different ballpark. Essentially, the rights you are entitled to when you leave your job will depend on the specific policies of the company you are employed. Many companies have their policies that stipulate the conditions of an employee’s departure:
- Severance pay: Although no law requires employers to provide severance pay, they may be legally obligated to do so if they have promised it. This may be the case if it was in a written contract, included in an employee handbook, an oral promise, or is a precedent set by your employer with previous employees. If any of these apply, you may be entitled to a severance package that can provide you with compensation, insurance benefits, and more.
- Final paycheck: Certain laws dictate that employees must receive their final pay when departing. The time limit to deliver a final payment often depends on whether you are leaving because you quit, were laid off, or were fired. If you were fired in New York, you can receive your final paycheck on the next scheduled payday. If you quit, you will receive your final paycheck on the next payday. Regardless of the circumstances of your departure, you are entitled to the full extent of the money you have earned.
- Retirement funds: During your employment, you likely contributed to a 401 (k) retirement account. These funds are yours to keep as you have earned them. When you leave your job, depending on the amount within these accounts, you can either collect it in the future or have it rolled over into a new account with a future employer.
At Bell Law Group, we are dedicated to helping employees protect their rights. To learn more about how we can assist you, contact our firm today to schedule a free strategy session.
