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Employment At-Will: New York

Employment At-Will requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Jessica Sussman


  • Employment relationships in New York are presumed to be at-will, meaning the employment relationship can be terminated by either party, at any time, with or without cause. See The At-Will Relationship.
  • New York recognizes limited exceptions to the at-will presumption, including written and verbal contracts. See Employment At-Will Exceptions.
  • At-will employees in New York challenging a discharge may file claims against their employers under tort theories, including intentional infliction of emotional distress and defamation, though it is unusual for these individuals to satisfy the high evidentiary burden. See Tort Considerations.
  • New York City has requirements pertaining to employment at-will. See Local Requirements.