Legal Question in Employment Law in New York
Fired due to refusal of assignment in the warehouse
I was working as an import coordinator as a salaried employee. The company informed me on end of May that they are laying off almost everybody end of June including myself. On Wednesday I received an email asking me to report to warehouse in New Jersey until the end of month to help warehouse. I refused to do and I wrote back saying that I am not willing to work in a warehouse. It is not in my job description. Next day I was summend to Exec. Vice Pres. office and told that I was fired. He told me that in anyway I am losing my job next week and they decided to put an end today.
- Is it legal to ask a corporate employee to do warehouse work? Can they fire me based on that?
- Am I entitled to get full weeks' of salary or will I be paid only the days I worked?
- Since they fire me before the announced day of mass layoff which is July 2nd, can I claim salary for next week?
Thanks
EC
1 Answer from Attorneys
Re: Fired due to refusal of assignment in the warehouse
Assuming you do not have a contract, and are not a member of a union, it is legal to ask you to change your job function, it is legal to change your pay, and it legal to fire you for any reason, or for no reason, as long as it is not an illegal reason -- namely discrimination.
You are also within your rights to refuse the job change but they do not have to retain you at your old position. They only need to pay you for time worked unless you have a separate agreement with the company however you are eligible for unemployment benefits.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
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