First 24 Hours After Being Fired on Long Island

New York Is At-Will — But Not Unlimited

New York's at-will employment doctrine means that in most situations, an employer can terminate an employee at any time, for any reason, without advance notice — and without owing you any explanation. This can feel deeply unfair when you have performed well and given years of service. But "unfair" is not the same as "unlawful."

New York and federal law carve out significant exceptions to at-will employment. A firing becomes potentially wrongful — and legally actionable — when it is motivated by one of these protected factors:

• Discrimination based on race, color, sex, national origin, religion, age (40+), disability, pregnancy, sexual orientation, gender identity, marital status, or other protected characteristics under Title VII, the ADEA, the ADA, the NYSHRL, or the NYCHRL
• Retaliation for engaging in protected activity — complaining about discrimination, filing a workers' compensation claim, taking FMLA leave, reporting wage theft, reporting illegal conduct (whistleblowing), or opposing sexual harassment
• Breach of contract — if you have a written employment agreement or union contract limiting when and how you can be terminated
• Violation of public policy — firing you for jury duty service, military service, or other legally protected activities

The Severance Agreement Trap

Employers frequently present severance agreements at the moment of termination, when you are emotionally vulnerable and may feel pressure to sign immediately to secure the severance payout. This is by design. A severance agreement almost always contains a broad release of all legal claims — including any discrimination, harassment, or retaliation claim you may have.

Under the Older Workers Benefit Protection Act (OWBPA), if you are age 40 or older, the employer must give you at least 21 days to consider the agreement and 7 days to revoke it after signing. If the termination is part of a group layoff affecting multiple employees, you have 45 days to consider the agreement.

Key questions an employment attorney evaluates in a severance review:

• Is the release language overly broad — does it waive claims that shouldn't be waived?
• Does the severance amount reflect the strength of potential legal claims?
• Are there restrictive covenants (non-compete, non-solicitation) that will harm your future employment?
• Are there confidentiality provisions that prevent you from discussing the circumstances of your firing?
• Is the agreement revocable and are the statutory waiting periods complied with?

Long Island Employment Law — What Makes New York Different

New York State's Human Rights Law (NYSHRL) was significantly expanded in 2019, lowering the burden of proof for discrimination claims, extending the statute of limitations to three years, and removing prior limitations that had allowed employers to escape liability in certain circumstances. For employees in Nassau and Suffolk Counties, the NYSHRL now provides broader protection than federal anti-discrimination law in many respects.

Additionally, Long Island-specific industries — healthcare (NUMC, Stony Brook Medicine, North Shore-LIJ/Northwell), retail (Roosevelt Field-area employers), financial services in Garden City and Melville, and government employers across Nassau and Suffolk Counties — each present unique legal dynamics in wrongful termination cases. Our attorneys have experience across these industries and understand how local employment practices affect litigation strategy.