![]() Employee Benefits Security Administration at 1-866-444-EBSA or visit the Employee Benefits Security Administration website. If you believe the employer has fired you for one of these reasons, contact the National Labor Relations Board (NLRB) at 1-86 or visit the NLRB website.įiling a claim or otherwise exercising your rights under an employee benefit plan. For more information, contact the U.S. Joining, forming, or supporting a union, or acting together with coworkers to try to improve your pay or working conditions (with or without a union). If you believe this has happened to you, make a complaints of retaliatory discharge to the Workers' Compensation Board at 1-80 or the Workers' Compensation Board website. DOL website.įiling a claim for workers' compensation or disability benefits, or testifying before the Workers' Compensation Board. Department of Labor (DOL) at 1-866-4-USWAGE or the U.S. If you believe you have been discharged because of your involvement in such legitimate pursuits, consult a private attorney, the New York State DOL at 1-800)-662-1220 or the New York State DOL website, or the U.S. Participating, on your own time, in lawful political or recreational activities. If you think you were fired for whistleblowing within the meaning of the law, consult an attorney to determine whether legal action is appropriate. With some narrow exceptions, you must also have given the employer a reasonable opportunity to correct its practice by bringing it to a supervisor’s attention before going to a public agency. Under New York Labor Law section 740, a whistleblower is a current or former employee or independent contractor who discloses or threatens to disclose to a supervisor or public body an activity, policy, or practice of the employer that the whistleblower reasonably believes is in violation of law, rule or regulation or that the whistleblower reasonably believes poses a substantial and specific danger to the public health or safety. Whistleblowing, in certain circumstances. If you believe you were fired or discriminated against for this reason, contact the DOL at 1-80 or visit the DOL website. The most common prohibited reasons are:ĭiscrimination on the basis of race, religion, sex, national origin, age, sexual orientation, marital status, military status, or disabilityĬomplaining about a labor law violation to the employer, a coworker, the Attorney General, or the New York State Department of Labor (DOL). Note that agencies that investigate unlawful discharge are experienced with this issue and will thoroughly investigate to identify whether the “real” reason was unlawful. ![]() Of course, your employer may not give you a reason (or give you what you believe to be the real reason) when you are fired. In other words, while an employer can fire someone for no reason, it is not allowed to do so for a prohibited reason. Unlawful reasons for termination: Various laws prohibit firing or discriminating against workers for certain specific reasons. If you have a contract, check its terms and consult a private attorney as soon as possible if you think your discharge violates your contract. ![]() For more information, contact the National Labor Relations Board at 1-86 or visit the National Labor Relations Board website.Īside from union contracts, some workers have individual written contracts that limit the employer’s right to fire them. If your union seems unresponsive, contact your union in writing by email or certified mail. There may be a very short deadline for filing grievances, so consult your union representative as soon as possible. Most union contracts include a “good cause” provision, which must be enforced via the grievance procedure defined in that contract. In some circumstances, you might have legal recourse if fired unfairly:Ĭontract protections: If you work under a contract that says that you can only be fired for cause, you may have recourse. Public-sector employees (those who work for the government) and workers covered by a collective-bargaining agreement may have more legal protection. because your flight was cancelled and you had to extend your vacation.for fighting with a coworker, even if the other worker wasn't fired as well.to replace you with a member of the boss’s family.The employer can do so for reasons many people might consider unfair, such as: In New York, a private-sector employer is not required to have good cause to discharge an employee.
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