Is it legal to fire an employee over these terms?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to fire an employee over these terms?

A family member was fired due to taking home old food that they were throwing out. She was told that she would be written up but instead came in the next day and was fired. She has never been reprimanded before. Is this legal?

Asked on November 14, 2016 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Did this person have a union agreement or employment contract that prohibted this action? Did it constitute some form of legally actionable discrimination? If not then she was an "at will" worker. This means that her employer could set the conditions of work much as it saw fit. This included when and why to fire her. In fact, it could have terminated her for any reason or no reason at all, with or without notice.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption