New York State Law
Under New York State Law, an employment relationship is generally presumed to be “at-will,” which means that either party (employer or employee) can terminate the relationship at any time and for any reason, as long as it is not unlawful. However, there are exceptions to this doctrine, and employees do have certain rights and protections against wrongful termination.
Implied Contract Exception
One potential exception to at-will employment in New York is the “implied contract” exception. If an employer has made explicit or implicit promises of job security or employment stability, an implied contract may be formed, and the employer could be restricted from firing an employee without cause. This promise can be communicated through employee handbooks, policies, or oral statements made by the employer.
Example: Suppose a company’s employee handbook explicitly states that employees will only be terminated for reasonable and just cause after undergoing a progressive discipline process. If an employee refuses to perform tasks outside their job description and is subsequently terminated without just cause, they may have a valid claim based on the implied contract exception.
Public Policy Exception
The public policy exception prevents employers from terminating employees for reasons that violate public policy or state law. If an employer requests an employee to engage in illegal or dangerous activities that are outside the scope of their job description, and the employee refuses, they may be protected from retaliation.
Example: An employee of a pharmaceutical company is asked by their supervisor to manipulate clinical trial data to expedite the release of a new drug. The employee, rightfully concerned about the potential harm to public health, refuses to participate. If the employee is fired as a result of this refusal, they may have grounds to claim protection under the public policy exception.
Retaliation Protections
New York State Law provides protections against retaliation for employees who assert their rights or refuse to engage in unlawful activities. An employer cannot take adverse actions, such as termination or demotion, against an employee for exercising their legal rights or refusing to perform tasks that are beyond their job description.
Example: An employee files a complaint with the Equal Employment Opportunity Commission (EEOC) against their employer for discriminatory practices. Shortly after, the employer asks the employee to perform tasks outside their expertise to punish them for the complaint. If the employee refuses and is subsequently fired, they may have a valid retaliation claim under New York State Law.
Federal Law
Federal laws also provide certain protections to employees who refuse to perform tasks outside their job description and area of expertise.
Whistleblower Protection
The Whistleblower Protection Act (WPA) is a federal law that safeguards employees who report violations of laws, rules, or regulations by their employers. If an employer retaliates against an employee for refusing to engage in illegal activities or for reporting such activities to the appropriate authorities, the employee may be protected under the WPA.
Example: An employee working in a government contracting company is asked by their supervisor to provide false information in a bid for a contract. The employee refuses to comply and reports the request to the relevant government agency. If the employer fires the employee in retaliation, the employee may have a strong case under the Whistleblower Protection Act.
Occupational Safety and Health Act (OSHA)
The Occupational Safety and Health Act (OSHA) ensures that employees have the right to work in a safe environment. If an employer asks an employee to perform tasks outside their area of expertise that could pose significant safety risks, the employee has the right to refuse without fear of retaliation.
Example: A clerical employee is asked to handle hazardous chemicals without proper training or protective equipment. The employee refuses to do so, citing concerns for their safety. If the employer terminates the employee as a result of the refusal, the employee may have protections under OSHA.
Penalties for Wrongful Termination
Penalties for wrongful termination can vary depending on the circumstances and applicable laws. Generally, if an employer is found to have wrongfully terminated an employee for refusing to perform tasks outside their job description and area of expertise, the following remedies may be available:
1. Reinstatement: The employee may be entitled to get their job back with all associated benefits and seniority.
2. Back Pay: The employer may be required to compensate the employee for lost wages from the date of termination to the date of the verdict.
3. Front Pay: In cases where reinstatement is not feasible, the employee may receive compensation for lost future earnings.
4. Compensatory Damages: These may include compensation for emotional distress, pain, and suffering caused by wrongful termination.
5. Punitive Damages: In cases of egregious behavior, the court may award punitive damages to punish the employer serve as an example to others to deter similar conduct in the future.