Bronx, NY asked in Employment Law for New York

Q: Can you legally get fired in NYS for flipping someone off. That person being a friend/coworker.

I work at Amazon and drive a Yard horse. Smart drive saw me flip someone off and emailed the boss.

Related Topics:
1 Lawyer Answer
Karen M. Hertz
Karen M. Hertz
Answered
  • Croton-On-Hudson, NY
  • Licensed in New York

A: New York State is not a right to work state, it is an employment at will state.

Your employer can terminate your employment at any time for any reason,

so long as it is not discriminatory, in violation of Title VII.

If you are a member of a labor union, perhaps your union can file a grievance

on your behalf alleging you were not terminated for cause. Otherwise, it seems

that misconduct is a good enough reason to terminate your employment, even

though your employer does not need a reason to terminate your employment, so long

as it is not because you are in a protected class.

*This is not intended to be legal advice, it is only a legal opinion. If you are interested in pursuing

this further, please contact an employment attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.