Attack on the Citadel of the New York State Employment-at-Will Doctrine

Since the 19th century, New York State has been known as the “citadel” of the employment-at-will doctrine. See Martin v. N.Y. Life Ins. Co., 148 N.Y. 117 (1895) (“A hiring at so much a year, no time being specified, is an indefinite hiring; and such a hiring is a hiring at will, and may be terminated at any time by either party.”).

In the intervening decades, statutory exceptions have been created, including federal and state anti-discrimination laws, the National Labor Relations Act, the New York State Taylor Law, and federal and state whistleblower statutes. Nonetheless, New York State courts have continued to enforce the at-will employment doctrine in most other contexts. See, e.g., Murphy v. Amer. Home Prods. Corp., 58 N.Y.2d 293 (1983) (rejecting effort to create the tort of wrongful discharge in New York).

New York City has now created the first significant chink in the at-will doctrine armor by establishing a fast food worker exception. While significant in and of itself, this legislation may also serve as a blueprint in other employment sectors in New York City and, if past is prologue, as a model for future legislation in New York State impacting all employers.

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