I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 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.
If the termination was due to your union activity, you may have a claim. You should contact your union and/or a labor law attorney.
This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
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/#!/employattorney) or Facebook (http://www.facebook.com/WhiteRicottaandMarks) if you have follow up questions as we do not monitor questions after providing an initial answer.
If you are a union member, then there is a contract between your employer and the union which likely contains the grounds, guidelines and procedures for the employer to be able to terminate an employee, the filing of a grievance, etc. You have to have your union represent you in that regard. Subject to the union contract, an employer wanting to terminate an employee for the reason you state is not, in and of itself, illegal and you provide no other facts which would indicate that the real reason for terminating you was an impermissible discrimatory ground.
I'm not sure if you made a mistake by having parties in the building where you work. But if this is a Local 32BJ contract, supers are considered supervisors, even if they are in the union, and are held to a higher standard than porters and other union workers, meaning a super can be fired more easily.