An employer in New York can terminate employment without cause, but not on the basis of race, national origin, gender, religion, age, pregnancy, accent, or in retaliation for filing a complaint. In certain situations involving severance in exchange for a waiver of claims, an employee has 21 days to consider the offer and 7 days to revoke their signature.
A meeting with Human Resources is often brief and follows a predictable script: elimination of the position, thanks for the collaboration, and a stack of documents to sign. Inside lies a severance package, often modest, in exchange for the employee’s promise never to sue the company.
“At-Will” Does Not Mean Arbitrary
In New York, New Jersey, and most states, a private employer can generally part ways with an employee for any reason or no reason at all. However, there are prohibited reasons. The law firm Robert Wisniewski P.C. lists among them race, national origin, gender (including membership in the LGBT community), religion, age—such as when an employee is replaced by a much younger person (under federal law, protection applies to individuals over 40; New York State and City laws also protect younger individuals)—speaking English with an accent, and pregnancy known to the employer.
It is also unlawful to terminate an employee in retaliation for filing a complaint about discrimination, a hostile work environment, or unpaid wages, as well as for testifying on behalf of a coworker. The firm notes that employers often provide no reason or a false one: a company downturn, staff reduction, or reorganization. For Polish-speaking employees, from Manhattan offices to New Jersey warehouses, this list carries very practical significance.
The firm also details a broader range of discrimination types it handles. Alongside age, gender, race, and religion, these include citizenship status, disability and the failure to provide reasonable accommodations, sexual orientation, and even the status of being unemployed. Unlawful actions may include not only the decision to terminate employment but also the refusal to hire or promote for a prohibited reason.
Retaliation Does Not Always Look Like Termination
Retaliatory actions can take the form of demotion, disciplinary action, a pay cut, reassignment to a different position, or a change in job duties. However, they can also be more subtle. The firm lists increased supervision, performance improvement plans, sudden negative reviews, or the denial of vacation time. Indeed, a series of such signals following a complaint often precedes the termination itself.
As potential remedies, the firm lists reinstatement with back pay and benefits or monetary damages. Protection against employment discrimination at the federal level is enforced by the EEOC Commission, and the scope of cases handled by the firm is described on its wrongful termination, discrimination, and retaliation page.
21 Days to Decide, 7 Days to Revoke Your Signature
The firm points out that employers often offer a very modest severance package in exchange for a waiver of claims. Under certain circumstances, an employee must be given 21 days to consider such an agreement and 7 days to revoke it after signing. This timeframe exists so that a lawyer can review the documents.
On its website, the firm explicitly advises not to sign severance documents during a meeting with HR or a supervisor, but rather to ask for time to consult with an attorney. Where the 21-day period applies, the employer cannot demand a signature on the spot. For many members of the Polish community, a language barrier is also an issue, as severance agreements are written in dense legalese.
Free Consultation in Polish
Robert Wisniewski has been litigating cases in state and federal courts, arbitration tribunals, and government agencies for over 30 years. In employment and discrimination cases, the firm represents employees exclusively.
The initial consultation is free, and the conversation can be conducted in Polish, directly with the attorney. Robert Wisniewski P.C., phone: 212-267-2102.
This article is for informational purposes only and does not constitute legal advice; reading it does not establish an attorney-client relationship. This material is attorney advertising. Prior results do not guarantee a similar outcome.
