Is it legal to fire an employee based on performance statistics without any kind of performance reviews and/or without notice or warning?

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Is it legal to fire an employee based on performance statistics without any kind of performance reviews and/or without notice or warning?

Asked on April 16, 2012 under Employment Labor Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

Mew York is an "at will" employment state.  You are employed at the will of the employer.  They may fire you at any time for any non-discriminatory reason.  In other words they CANT fire you because of race, gender, sexuality, etc.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless you have an employment contract, your employment is "employment at will." That means you may be fired at a any time, for any reason, without proof--all that is required is your employer wants  to fire  you. So an employer could fire you based on performance statistics without providing any notice or warning, or without any sort of actual performance review.


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