Punished or fired for speaking up
At-will employment has limits
New York, New Jersey and Florida are at-will states, which means an employer can usually end a job for any reason or no reason. But it cannot fire, demote, cut hours, threaten or punish you for an illegal reason: because of a protected trait, because you complained about pay or discrimination, because you reported a violation of law, or because you used leave the law protects.
Protected activity
- Complaining about pay. The Fair Labor Standards Act protects workers who complain about wages, including oral complaints. New York Labor Law § 215 protects complaints to the employer, the Department of Labor or others, and a court can award up to $20,000 in liquidated damages.
- Immigration threats. In New York, threatening to report a worker's immigration status because of a complaint is unlawful retaliation.
- Whistleblowing in New York. Labor Law § 740, expanded in 2022, protects employees, former employees and independent contractors who report or threaten to report conduct they reasonably believe violates the law or endangers public health or safety. The time limit to sue is two years.
- Whistleblowing in New Jersey. The Conscientious Employee Protection Act (CEPA) protects employees who object to or report unlawful conduct. Claims generally must be filed within one year.
- New Jersey wage complaints. An adverse action within 90 days after a complaint to the Labor Commissioner or a lawsuit is presumed to be retaliation.
- Florida. Retaliation for asserting minimum wage rights is unlawful (§ 448.110(5)), and the Florida Private Whistleblower Act protects employees of private employers with ten or more employees who object to or refuse to take part in violations of law.
- Discrimination complaints. Federal, state and city anti-discrimination laws all forbid retaliation against employees who complain or take part in an investigation. See discrimination and harassment.
Your final paycheck
In New York and New Jersey, an employee who leaves or is fired must generally be paid final wages no later than the next regular payday. Unused vacation depends on the employer's written policy.
If you were just fired
- Write down what happened, with dates and names, while it is fresh.
- Save texts, emails, schedules and pay records you are allowed to keep.
- Do not sign a severance agreement before a lawyer reviews it. See severance agreements.
- Apply for unemployment benefits.
- Talk to a lawyer quickly, because some deadlines are short.
Frequently asked questions
Can my employer fire me for complaining about unpaid overtime?
No. Federal law and the laws of New York, New Jersey and Florida prohibit retaliation against workers who complain about their pay, and New York and federal law protect oral complaints as well as written ones.
How long do I have to bring a whistleblower claim?
Under New York Labor Law § 740 the time limit is two years. Under New Jersey's CEPA it is generally one year. Speak with a lawyer as soon as possible.
I was fired for no reason at all. Do I have a case?
In an at-will state, a firing without any reason is not necessarily illegal. But the stated reason is often not the real one. If the timing follows a complaint, a request for leave or accommodation, or a protected trait, you may have a claim.