Can I sue for wrongful terminationand severance pay after being fired for refusing to lie on my boss’s behalf to the workers compensation board?

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Can I sue for wrongful terminationand severance pay after being fired for refusing to lie on my boss’s behalf to the workers compensation board?

I have worked in a retail store full-time for 2 1/2 years. During that time my boss refused to give pay stubs or W2 forms to full time employees. I was recently fired for refusing to lie to the workers compensation board on her behalf when they filed a large judgment against her. She promised me a severance package and later refused to give it to me stating she was disappointed that I didn’t help her out. Since the promise was verbal and I get paid in cash. Do I have a right to see for wrongful termination and a severance package.

Asked on March 5, 2012 under Employment Labor Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Here is the problem: you have to prove that you actually worked there, were paid and what you were paid on top of the promise.  And the can of worms is that you probably have not been filing taxes either, which is a big no no, correct?  I would speak with some one on the matter and discuss the issue with your ex empoyer who by the way also broke the law by paying you in cash.  Good luck.


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