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".
Employment / Labor Attorney
I would say yes, you have a suit for retaliation. Was your complaint in writing? Certainly this should be further investigated. Kind regards.
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3 lawyers agree
Criminal Defense Attorney
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.
2 lawyers agree
Employment / Labor Attorney
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.
1 lawyer agrees