Employment Law Questions? Ask an Employment Lawyer.
Thank you for using Just Answer. I look forward to assisting you.As you likely know, New York is an "at will" employment state, meaning that absent an employment contract or collective bargaining agreement which may give an employee more rights, employees may be terminated at any time, for any reason, with or without cause, so long as it isn't due to an unlawful reason. That is, you cannot fire an employee because of their race, religion, age, sex, disability, or national origin, etc. So, you'd be well within your rights to fire the employee for failing to abide by company policy.The best way to protect yourself is to document the employee's failure to comply with company policy as directed. So, after giving them a verbal warning (and documenting in their employee record that it was done) if they refuse again, give them a written warning, and again, document it. At that point, you can escalate it further - if they still refuse, you can give one final warning (3 strikes and you're out) or immediately terminate. The employee's outright refusal to comply with company policy is insubordination. While he may file for unemployment after being terminated, your defense would be his insubordination and refusal despite numerous requests to comply with company directives, and your proof is your written documentation. Insubordination is grounds for denial of unemployment compensation.If you need additional information or clarification, please REPLY and I'll be happy to assist you further. Thank you.
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