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I want to know if I can sue my employer?

Syracuse, NY |

I was fired a few days after I gave my 2 weeks notice because they said I was on the phone for 35 minutes and I didn't ask permission. I believe I was fired because they were angry that I took my 2 week vacation before I put in my 2 wk notice, because they say its not ours, it's a privilige. I believe this because I was not on the phone for 35 minutes, it was maybe 10 minutes tops and anytime me or anyone used the phone, for any length of time or without permission, did not even receive a warning .

Attorney Answers 2


  1. Assuming you are an at-will employee (without an employment contract or union membership), you can be terminated at any time for any reason. You can be terminated for making a personal call at work, you can be terminated early for putting in your two weeks notice. And your employer is not required to provide you with a warning or treat all employees the same when disciplining them.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.


  2. I am sorry, in the facts related here I do not see a claim that my firm would be able to assist you with.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to New York State and should not be relied upon in any way in any other jurisdiction. Additionally, we also encourage you to reach out to us via Twitter (https://twitter.com/#!/WhiteRoseMarks) or Facebook (http://www.facebook.com/WhiteRoseMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.

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