Buffalo, NY asked in Employment Law, Civil Rights and Employment Discrimination for New York

Q: My boss fired me for being in the bathroom “too long”. She says I was in the bathroom for over 20 minutes. I wasn’t

When I asked to see the video proof on camera, she refused to show me

1 Lawyer Answer

V. Jonas Urba

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Answered
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: You can be fired for a good reason, bad reason or no reason at all as an "at will" employee. If you are non union, non civil service, or do not have a written contract of employment you are probably at will. Being in the bathroom is not an illegal reason to fire someone unless you told your employer about some medical condition which might require extended bathroom time. Unless you were told that excess bathroom time could get you fired you should be able to recover unemployment, barring gross misconduct.

Tim Akpinar agrees with this answer

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