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New York State Workers’ Compensation

Sanitation Workers Doing Dangerous Jobs

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FAQs

New York State Workers’ Compensation

Are workers compensation hearings in New York open to the public?

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CAN AN EMPLOYEE BE FIRED WITHOUT DUE CAUSE?

A: Yes, New York State (NYS) is an "employment-at-will" state. Without a contract restricting termination (such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. However, there are a few exceptions to this rule - most significantly are laws enforced by the NYS Division of Human Rights which prohibit discrimination based upon race, creed, national origin, age, handicap, gender, sexual orientation or marital status.

It is important to note this law also protects the employee's right to resign. Just as an employer may file an employee for "no reason" - or a reason that might seem arbitrary or unfair - an employee is equally free to quit at any time without being required to defend or explain the reasoning.

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