Fired as a Bank Associate for being less than $90 over/ 1st time
Unwarranted termination- Do I have any recourse if I believe to have been terminated, not based on racially discriminating practices, but definitely socially biased reasons?
1 answer | asked Aug 15, 2002 09:28 AM [EST] | applies to New York
Answers (1)
Social Bias
New York is an employment at will state. That means that, unless you fall under an exception to the general rule, you can be fired at any time for any reason or eaven no reason at all.
Nearly all of the exceptions, and certainly all of the significant exceptions, to the employment at law rule are contained in statutes such as the New York State Human Rights Law, the Civil Rights Act of 1964, and the National Labor Relations Act (which allowed employees to unionize). There is no statute that I know of which deal with "socially biased reasons." In other words, an employer can certainly fire you for being $90 over, even if it is the first time. In cases like this, the most likely source of help would be a union, since every collective bargaining agreement I have seen has limited the circumstances under which employees can be terminated.
Incidentally, many large employers have elaborate procedures which mimic union protections. Employers use these to convince employees they don't need to unionize. The problem with this in New York, however, is that employers are in most instances free to ignore their own procedures, and fire you despite what the procedures say.
posted by David M. Lira | Aug 15, 2002 10:31 AM [EST]
New York is an employment at will state. That means that, unless you fall under an exception to the general rule, you can be fired at any time for any reason or eaven no reason at all.
Nearly all of the exceptions, and certainly all of the significant exceptions, to the employment at law rule are contained in statutes such as the New York State Human Rights Law, the Civil Rights Act of 1964, and the National Labor Relations Act (which allowed employees to unionize). There is no statute that I know of which deal with "socially biased reasons." In other words, an employer can certainly fire you for being $90 over, even if it is the first time. In cases like this, the most likely source of help would be a union, since every collective bargaining agreement I have seen has limited the circumstances under which employees can be terminated.
Incidentally, many large employers have elaborate procedures which mimic union protections. Employers use these to convince employees they don't need to unionize. The problem with this in New York, however, is that employers are in most instances free to ignore their own procedures, and fire you despite what the procedures say.
posted by David M. Lira | Aug 15, 2002 10:31 AM [EST]
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