Do I have any legal rights as I resigned from my position when asked to do something illegal.

I have been working as a substance abuse counselor at this position for 5 years. I was given a new supervisor who told me to increase the number of clients referred to treatment. By doing this I would be allowing myself to be part of insurance fraud. I would also lose my credentialing that I have maintained in good standing for over 10 years.
I resigned in October 2010 and gave the company 2 months to find a replacement.

1 answer  |  asked Oct 3, 2011 10:26 AM [EST]  |  applies to New York

Answers (1)

Jeanne M. Valentine
As long as you complained about the illegal activity, or stated your objection to it, and refused to participate in the illegal activity and stated your reasons for refusing to participate, AND if you can prove you were essentially forced to quit, then your termination may have been unlawful. In NY, an employer is prohibited from retaliating against an employee for refusing to participate in insurance fraud, but only if the employee has objected to the fraud; the employer must know you objected to it. Retaliation claims typically have a one-year statute of limitations so you may have missed the deadline to file a law suit. You need to discuss the details of the fraud and the circumstances surrounding your resignation with an employment lawyer to know your rights - everything is fact-specific. Good luck.

Jeannie Valentine
www.HudsonValleyEmploymentLaw.com

posted by Jeanne M. Valentine  |  Oct 3, 2011 11:15 AM [EST]

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