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Can i sue an at will employer ?

Bloomingburg, NY |

I worked for a company for over 2 years I wanted to move up in the company I began appyling for open positions. After applying I was suspended for leaving a meeting after the supervisor said it was over, when asked why I was told that I didn't complete the company cheer before leaving. I was suspended for a week. I was then no longer able to get the position. I worked hard for nearly a year making sure not to get into trouble again, I started applying to higher positions again and was suspended this time for punching out to fix a pallet then punching back in this happened and I was talked to and then I was suspended a week later, a few days later I was called and fired for what happened last year. Every time I applied for a better position I was suspended and now I have no job

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ok so what about adverse action ? I was an at will employee . they did in fact show discriminatory actions by dismissing an employee , they basically refused a prospective employee, and to top it off discriminating between one employee and other employees , i was singled out . An i can prove it i just need to find a lawyer who will listen on the facts i have . Its a $20 billion company

Attorney Answers 3


Discrimination laws in New York State and Federal discrimination laws do apply to at-will employers. However, simply being treated differently is not sufficient for a discrimination lawsuit, you will need to demonstrate that the disparate treatment was motivated by discrimination against a protected class. These protected classes would be groups such as national origin, race, religion, disability, age, gender, sexual orientation and so on.

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im a felon would that be considered a disability , im half puerto rican and half white


I still don't see discrimination in your fact pattern but use the Find A Lawyer tab on this web site to look for employment lawyers.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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A union could have provided the type of job protection that would have prevented what the company did. But I do not think a lawyer can correct the problems you describe.

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