Thread: I got fired the day after I complained of feeling harassed (non-sexual) It's

that legal in New York State? I know in New York State an employer can terminate employment without any particular reason but can they terminate someones employment because they complained of harassment. Even if the harassment can't be proofed.

no they cannot it is illegal

I think you should go to them and find out exactly why you were terminated. If they refused to tell you, tell them you will assume it was because you claimed harassment and will take the necessary steps to prosecute.

it depends on what you complained about

if you complained about an illegal activity or action then they can not fire you for that reason.

if you work for a government agency and complained about policy or procedures you may be protected as a whistle-blower.
whistle-blower laws do NOT apply to the private sector unless the complaint is based on actions involving a government contract or actions protected by a regulatory agency of the business (health, labor, osha etcetera).

if you complained about your boss harassing you and it was not anything illegal (being part of a protected group) then they can fire you.
being harrassed or given a hard time at work by the boss is not illegal or protected in and of itself.

they can fire you for most any other reason that is not illegal but........
being "at-will" does not mean the employer can just fire you for no reason and it not cost them. it just takes the firing out of the legal system as far as litigation is concerned. if they do not have cause to fire you then you can qualify for unemployment benefits and if an illegal reason such as discrimination, retaliation or the employee taking part in a protected activity is involved then the government will prosecute a case against the employer for you.

if you complained about an illegal act, protected activity or harassment based on being a member of a protected group then they can not fire you even if the complaint can not be proved.

if the complaint was false and you knowingly filed the complaint they could take disciplinary action including termination based on your intent in filing the false complaint.


for info about discrimination and protected groups see:
http://www.eeoc.gov
for information about whistle-blowr laws:
http://www.dol.gov/compliance/topics/whistleblower-protections.htm
for information about retalliation laws:
http://www.dol.gov/compliance/topics/whistleblower-other.htm