I was fired with no written or verbal warning the reasone i was giving was not even close to being correct

Asked almost 2 years ago - Lake Placid, NY

i was not giving an correct or close to corret reasone to be fired since i worked for the company 6 years i never recived any bad feedback is this leagal to do?

Attorney answers (4)

  1. William J Lasko

    Contributor Level 13

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    Lawyer agrees

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    Answered . 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
    Attorney at Law
    482 Summer Street, 2nd fl
    Stamford, Conn. 06901
    tel 203 329-6602

    William J. Lasko is an experienced New York, Connecticut and Washington, D. C., licensed attorney who focuses his... more
  2. Wajeb Wassim Assaf

    Contributor Level 4

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    Lawyer agrees

    Answered . You would need to provide more information before an attorney could give you an answer to your question. Generally, if you are an at will employee you can be fired for any reason (or no reason). There are exceptions though. For example, you cannot be fired based upon your age, race, sex, sexual orientation, disability, religion, or marital status. You also cannot be fired for making a complaint about one of these types of discrimination or for an employer's violation of the New York Labor Law. You should consult an attorney to see if you have a legitimate claim. I am located in Plattsburgh. Please feel free to contact me to schedule a consultation. My contact information is in my profile.

    The above is for general informational purposes only and is not intended for the purposes of providing legal... more
  3. Ryan M. Finn

    Pro

    Contributor Level 13

    Answered . Sounds unfair but not necessarily illegal. As an employee at will you can generally be fired anytime, for any reason EXCEPT where a law protects you (generally based upon a protected characteristic: age, disability, gender, race, sexuality, etc.). The fact that they provided you a false reason raises a question as to the real motivation, which may very well be unlawful.

    Good luck and if you have any questions or concerns please feel free to contact me.

  4. Meghan Hayes Slack

    Contributor Level 16

    1

    Lawyer agrees

    Answered . First, file for unemployment.

    If you were a union member, you should contact your union representative about filing a grievance.

    If you had an employment contract, have a local employment attorney review it to determine whether or not your employer violated it.

    If you were not a union member and did not have an employment contract, then you were an at-will employee. At-will employees have limited employment rights. In general, employers can terminate you at any time for any reason. Even if they fire you based on inaccurate information, generally, it is not illegal. There are some exceptions. If you believe your employer may have terminated you in retaliation for something (like reporting illegal activity at work) or because of your membership in a protected class (like your race, religion, sex, disability, etc..), you may be able to file a claim or complaint against your former employer. Speak with a local employment attorney if you believe this may be the case. You can search for an attorney on Avvo or contact the National Employment Lawyers Association for a referral.

    Good luck.

    This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client... more

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