Can an employer fire you for cursing?

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Can an employer fire you for cursing?

My husband has been at his company for almost 20 years and was fired for telling the supervisor he was going to go to Human Resources and to be on his toes meaning to make sure he was doing his job correctly. They let him go for threatening the supervisor by only saying be on your toes, which my husband said he never even said and insubordination was written on the paper. No warning. I can see if he said that he was going to kick his a or meet him in the parking lot after work but nothing like that was said?

Asked on May 21, 2019 under Employment Labor Law, New York

Answers:

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

Answered 1 year ago | Contributor

Does this action violate the terms of any employment contract or union agreement that your husband has? Was it de to some form of legally actionable discrimination? If not, then his termination was legal. The fact is that in "at will" employment, a worker can be fired for any reason or no reason at all, with or without notice. Accordingly, what he did or did not say really doesn't matter.

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

Answered 1 year ago | Contributor

Does this action violate the terms of any employment contract or union agreement that your husband has? Was it de to some form of legally actionable discrimination? If not, then his termination was legal. The fact is that in "at will" employment, a worker can be fired for any reason or no reason at all, with or without notice. Accordingly, what he did or did not say really doesn't matter.


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