Legal Question in Employment Law in New York

Can I be fired for doing my job?

I work for a small company

that is incorporated, and is

owned by one person. My

employer however is the

company, not the gentleman.

Recently he opened a new

business and asked me to

do work for that other

company.. I told him that I did

not have to because I work

for the company, NOT this

man, my checks come from

the company, NOT from

him.... Is there any way he

can fire me?


Asked on 11/09/06, 3:14 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Can I be fired for doing my job?

If you are not a union member or with an employment contract you can pretty much be fired for any reason so long as it is not a discriminatory reason.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 11/09/06, 3:19 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Can I be fired for doing my job?

You asked about working for an employer's other business while on the clock.

Employment in Pennsylvania is at-will. This means you can be fired for any cause or no cause so long as the reason is not illegally discriminatory.

the employer can demand that you do any job so long as he understands that your are employed by only one employer. In other words, all the work you do for related entities would count towards a 40 hour workweek. If he has you do 30 hours for company A and then 15 hours for company B you would be legally entitled to 5 hours of overtime pay (assuming you are a non-exempt employee).

Hope that helps. If you think he could use some help setting up a proper compliance program I would be happy to help and you should pass my name and contact info along to him.

Regards,

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Answered on 11/09/06, 4:57 pm


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