Legal Question in Employment Law in New York

Re: Termination

Based on the facts you mention, yes, an employee can be terminated under these circumstances. NY is an "at will" state, which means an employer or employee may terminate the employment relationship at any time, for any reason, or for no reason, with or without notice. There are some exceptions to this rule--for instance, there could be a written contract explaining limits on when an employee can be terminated. Also, an employer is not permiteed to terminate an employee for a discriminatory reason. However, the reason you mention would not qualify as discrimination unless some other factor you do not mention was involved e.g. race, sex, age.

as a side note, "arrest for a civil matter" is a little odd--I don't understand this (arrests are for criminal issues), but I don't think this changes the analysis above.

Please call or email with any questions.

Chris Edelson

212 867-4754

Re: Termination

A salaried employee, absent a contract or without the protection of a union can be fired based on the circumstances you describe.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.