Skip to main content

Do I have a wrongful termination suit and can I win an unemployment appeal?

Deer Park, NY |

I was harassed and singled out for no reason by my supervisor and I put in a formal complaint. After this I was let go early from term employment and was told it was due to "downsizing". No one else was let go. I was told unemployment would not be contested. 2 weeks later it was contested for the reason of attendance issues. Not only was I not late or absent but there is no time card or procedure to validate my lateness only the word of a harassing supervisor who was telling other employs that he was "tring to get rid of me".

Attorney Answers 3

Posted

I would say yes, you have a suit for retaliation. Was your complaint in writing? Certainly this should be further investigated. Kind regards.

Ryan Finn
Rfinn@hackermurphy.com
Free initial consultation

PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why I became a lawyer. However, please note that I have not been engaged to be your lawyer so my advice is general in nature. Certainly, if you would like, please feel free to email or call me to further discuss the particulars of your situation (as many times it is not a good idea to provide a lot of information about your case on a public forum). * Hacker Murphy, LLP * 518.213.0115 * Rfinn@hackermurphy.com * http://www.hackermurphy.com/Attorneys/Ryan-M-Finn.shtml * Hacker Murphy serves clients throughout New York State (including New York City and Long Island). *

Mark as helpful

3 lawyers agree

Posted

Unless you had a contract, you were an at-will employee and therefore could be fired for any reason or no reason so long as it was not an unconstitutional reason such as based on race, gender, religion, etc. I suggest you consult with an employment lawyer.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

Mark as helpful

2 lawyers agree

Posted

Absent a contractual agreement, most employment in New York is considered to be employment at will. In an employment at will situation, a person can be terminated at any time, without reason. However, there are a number of exceptions to an employment at will termination. If someone is being terminated and that person's civil rights have been violated in any way, such as age discrimination, sex discrimination, sexual harassment, race or gender discrimination, failure to accommodate a medical condition, etc. Also, if termination is any way retaliatory for whistle blowing or some other act, an employer may be liable for wrongful discharge. Generally, unemployment may denied in situations of willful disobedience or if a former employee engaged in theft from his prior employer. It would be in your best interests to consult with an attorney so that the circumstances can be fully vetted and so that you can get advice as to what your legal options might be.

William J. Lasko
Law offices of Wm Lasko
482 Summer Street, 2nd fl
Stamford, Conn 06903
Tel 203 329-6602

William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his practice primarily on employment law, personal injury and estate matters. Mr. Lasko, has been in practice for more than 23 years, represents clients throughout New York, Connecticut and Washington, D. C.. More information is available at www.laskolaw.net. This response is for general informational purposes and does not constitute legal advice. Additionally, this response does not create an attorney client relationship.

Mark as helpful

1 lawyer agrees

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics