What constitutes valid grounds for termination?

UPDATED: Jan 18, 2015

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What constitutes valid grounds for termination?

A fellow employee where I work struck me in the face for mistakenly grabbing their work jacket. Police were called the manager refuses to provide the video to show the incident to police. Now I am being told I am to be fired when I did nothing did not even hit the person back. Would like to know if I can an any have charges pressed against the other employee and do they have a legal right to fire me?

Asked on January 18, 2015 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless you have an employment contract or union agreement, etc. that states otherwise, or there is existing company policy to the contrary, you can be terminated by your employer for this reason, any reason or for no reason at all. The is because most employment relationships are what is know as "at will". Accordingly, an employer can hire or fire as it sees fit (providing that such action does not constitute any form of legally actionable discrimination).

As for the assault, you could possibly file a civil suit for personal injury depending on all of the circumstances and you can file a criminal complaint against your assailant (but having the video would make things easier for you).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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