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If your employer wants you to put out handbills in public parking placies and on private property (apartment complexes, i.e.) and it is against city ordinances, can an employee refuse and not be fired or retaliated against?
State/Country relating to Question: Arizona
If it is an illegal activity you have a right to refuse, but if yiu are an employee at will , you can be fired, however, you can make a case against your employer that they were making you do something illegal. But you do have a right to refuse to do it.If there is any other information needed, just ask. Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
What is an employee at will?
An employee without a contract to work, who can be hired and fired at the will of the employer.If there is any other information needed, just ask. Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
What kind of documentation would stand up in the case that the employee is fired?
If you are fired, the only thing you will have, unless your employer has directed you to do this in writing, is your word and the handbills that he wants you to deliver. If he is requiring this of other workers, then if they too testify, your employer will have a problem, however, it may come down to your word against your employer and that will be a difficult case.If there is any other information needed, just ask. Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
One more question - then if we have and it will be a few employees that will testify that this is a requirement to do handbills for advertising and can get them to testify we might have a case......
Yes, because your employer can't instruct you to conduct illegal activities, however, getting people to testify is no small task, especially if their jobs are involved. You need to seek the advise of an employment law attorney. Just Answer cannot give you legal advice. If there is any other information needed, just ask. Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you. Positive Feedback always appreciated. These responses don't create an attorney client relationship.
Attorney
12 YEARS PRIVATE GENERAL PRACTICE , CIVIL APPEALS AND LITIGATION
Thank you. You have helped me a great deal to understand where we stand......
your welcome!