Legal Question in Employment Law in New York
Termination
It is necessary for me to receive a signature from a physician when distributing samples. The vehicle which is used is commonly called a palm-top. A random periodic audit is done to have the physician verify his signature. The quality of the palm-top is very poor and 95% of the time, my physicians say that it does not resemble their signature. I have 1 doctor who said the signature in question was not his; if I receive another notifcation like this I will be terminated per the organization policy. However, I have never forged a physician signature and because the quality of the palm top is so inferior do I have any legal recourse?
2 Answers from Attorneys
Re: Termination
Suggest you consult with experienced employment law counsel BEFORE you are terminated.
These cases are very fact specific and require an in-depth examination. If you wish to discuss this with me privately, please call to schedule a consultation.
I practice in NYC in Long Island.
Re: Termination
In New York, if you do not have an employment contract, or are NOT represented by a union, you are considered to be an "employee-at-will." This means that you can be fired (or even harassed) for any reason, no reason, good reason or bad reason. Believe it or not, a person can be harassed or fired simply because they are a fan of the Buffalo Bills.
There are some exceptions, however, to the employment-at-will doctrine. An employer cannot take an adverse action against an employee that is motivated by their race, religion, sex, national origin, age, disability or marital status.
If you can prove that you have been discriminated against because of any of these factors, there are federal and state laws that may protect you. The federal law (which has the better remedies) is enforced by a federal government agency known as the Equal Employment Opportunity Commission ["EEOC"]. To protect your rights under these laws, you must first file a charge of discrimination with the EEOC WITHIN 300 DAYS from the date of the event that you wish to challenge. You do not have to hire a lawyer to file a charge with the EEOC. To contact the EEOC, call the Buffalo office at (800) 669-4000. You can visit the EEOC web site at http://www.eeoc.gov
Good luck.
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