How can I contest wrongful termination in new york state
New York, NY
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Posted about 1 year ago in Wrongful Termination
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Wrongfully Discharged:
I was fired for yelling at my boss because he disrespected me and then pyt his hand in my face. Can I fight this??
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Answers (1)Oscar Michelen
This attorney is licensed in New York.
Posted about 1 year ago.
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The answer depends upon your employment status. If you are not under a contract with your employer or in a union, you can be fired for any reason or indeed for no reason (which would include a mistaken or incorrect reason). NY is an "at-will" state - that means you can quit without giving notice and you can be fired without notice. Of course, you cannot be fired for a constitutionally-protected reason (age , gender, national origin and in NYC sexual orientation for example) Generally, unless you are in a union or under contract, in NY State you are an "at-will" employee and can be fired for no reason and without notice. Sometimes, you may have a claim if you have been fired in a manner that violates a written policy manual, though most of those contain a statement that tells you that you are an "at-will" employee regardless of what else the manual says.
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