"One of my coworkers at my old job nearly lost a finger using a machine that needs
repairing. I let my supervisor know about the dangerous equipment, but the company
kept putting off the repair. Finally, I said I wouldn't operate the machine until
they fixed it, and I got fired for refusing to work. What are my rights?" - sample
issue
Wrongful termination refers to any non-voluntary termination for an improper reason
- and there are many improper reasons. In NY, these include discrimination based
upon race, color, religion, national origin, sex, sexual orientation,
ancestry, age, disability, pregnancy or handicap. These also include breach of contract, to avoid paying
a benefit.
State and federal laws further protect workers from termination in retaliation for
whistle-blowing or for making legal claims against the employer. Workers are also
protected from being fired for making complaints about workplace safety, for refusing
to work in unsafe conditions or for joining with other employees to improve wages
or working conditions. Employees are also protected against termination by public
policy issues. The following reasons for termination would likely be deemed to violate
public policy:
- Refusal to commit an illegal act on behalf of the employer, such as perjury.
- Fulfulling jury service obligations.
- Cooperating with law enforcement.
- Complaining about or reporting illegal conduct of the employer.
If you feel you have been wrongfully terminated,
contact us today.
This information is not a do-it-yourself guide to resolving employment disputes
or handling employment litigation. While some may find this useful for understanding
the basic issues and their legal context, it is NOT a substitute for experienced
legal counsel and does NOT provide legal advice. Please
contact the law offices of Neil H. Greenberg and Associates P.C. to discuss your specific case.