My employer suspended me pending termination for being away at my religious observance that he agreed to and I have a document from my place of worship as he asked me to , I didn't get any document from him but he verbally agreed to it and now he suspended me but he told me I'm being fired and he hasn't have me any document an wont release a document to me because he's depriving me for unemployment and trying to make it look like I abandoned my job, what can I do?!
P.s. HR is working with him against me as well.
Employment / Labor Attorney
It’s crucial that you schedule a consult with an experienced employment lawyer right away. Based on the information that you provide to the attorney such as whether this is the first time you’ve ever made a request to attend a religious function, whether other employees of other faiths are able to attend religious functions without incident, the borough you worked in, and the number of employees the company has, the attorney will advise you what laws apply to your particular situation, and whether it makes sense to file a lawsuit ASAP, or file a charge with an administrative agency.
The time to get legal advice is BEFORE the unemployment hearing. If you don’t, then your interests at the unemployment hearing may be compromised and negatively affect your potential discrimination claims.
-Denise K. Bonnaig
Criminal Defense Attorney
Speak with an employment lawyer in your area to see if you have any legal recourse.
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.
Not sure where you are located, but, you should file a charge with the EEOC, as well as any State or Local entities with jurisdiction. Make sure you hire an attorney with experience in discrimination claims. Best of luck.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases
As for unemployment, they will assume that a worker will not leave a job for no reason. As for discrimination, you can contact the NYS Division of Human Rights. It may be helpful if you have a consultation with an employment lawyer first. The lawyer can explain your rights to you.