Wrongful Termination · California & New York
At-Will Exceptions Attorney
Dealing with a at-will exceptions issue? Our California & New York employment attorneys can help you get the compensation you deserve.
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What You Can Recover in a At-Will Exceptions Case
If you have experienced at-will exceptions, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:
- Back pay and lost wages caused by the at-will exceptions
- Compensatory damages for the emotional distress it caused you
- Punitive damages where the employer's conduct was egregious
- Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win
At-Will Exceptions FAQ
What are the main exceptions to at-will employment in California?
California recognizes several exceptions: public policy violations (Lab. Code § 1102.5), implied contract exceptions based on employer handbooks or verbal promises, and the covenant of good faith and fair dealing. Under FEHA (Gov. Code § 12940), terminations based on protected characteristics are also prohibited regardless of at-will status.
Does New York recognize the same at-will exceptions?
New York is more restrictive but still recognizes exceptions. NY Labor Law § 740 protects whistleblowers, and the NY Human Rights Law (Exec. Law § 296) prohibits discriminatory firings. NY courts also recognize implied contract exceptions when an employer handbook contains specific termination procedures.
Can my employer fire me for any reason if I am at-will?
No. Even at-will employees cannot be fired for illegal reasons such as discrimination, retaliation for protected activity, or violations of public policy. Both California and New York law provide significant protections that override at-will employment status.
How do I prove my firing violated an at-will exception?
Document the timeline of events, preserve any communications showing the real reason for termination, and gather witness statements. Evidence that the stated reason for firing was pretextual — such as strong performance reviews before a sudden termination — strengthens your claim significantly.
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