Absent a written employment contract that specifies the nature of the relationship between the employer and the employee and the specific terms of employment, your Bronx employment lawyer will tell you employment in New York is at will.
At-Will Employment
Employers in New York may fire you from your job independent of any reason; this is the general rule. However, as with most rules, there are exceptions. Information reported from a knowledgeable Bronx employment law office provides that one such exception is an implied promise.
Implied Promise
The concept of an implied promise is based on things the employer said and did that altered the at-will status of the employee. A knowledgeable attorney from a Bronx employment law office will explain that an implied promise is difficult to prove because most employers are careful not to make promises about the permanency of jobs.
What Your Bronx Employment Lawyer Will Need to Prove
To demonstrate that the employment is not at-will, it will be necessary show there was an implied promise of either:
- Permanent employment;
- Employment through a specific period; or
- Continued employment unless specific employee conduct rules were broken.
Investigation by a Bronx employment law office may require a copy of an employee manual for evidence if one is available.
What the Courts Will Look at
The employer will, of course, deny anything other than at-will employment was in place, so it will fall upon your Bronx employment lawyer to provide circumstantial evidence of implied promises in the employer/employee relationship. This may be shown through one or some combination of the following:
- The existence of an employee manual stating specific employee rules and the punishments for violations;
- A long duration of employment;
- Regularity of promotions or advancement;
- Regularity of positive reviews; and
- A difference in the manner you were terminated as compared to other previous employee terminations.
Contact a Bronx Employment Law Office for Legal Counsel
A wrongful termination claim based on implied promise requires an experienced legal team. Call the Bronx employment Law Office of Delmas Costin, Jr. at 718-618-0589.
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