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.

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1 Lawyer Answer
Karen M. Hertz
Karen M. Hertz
  • 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.

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