Legal Question in Employment Law in New York

Best course of action when facing termination

Hello,

I am in New York State (Long Island, specifically). I believe I will be terminated in the very near future -- almost certainly this week. I believe some part of this is due to the housing market/finances, and part of this is due to some dissatisfaction on the part of the company with me. However, in my performance review in December, I was told I was ''exactly the kind of employee they would want working here,'' but, by late February, there were concerns. However, rather than providing me with an opportunity to correct these concerns, the executive board just wanted me terminated.

I don't know that I necessarily would want to (or even, would be able to) bring a lawsuit. I would be interested in knowing 1) what the best course of action would be, should I be terminated and 2) if I were terminated, and some sort of severance package were offered, what would be fair? I've been with the company nearly 4.5 years in the role as a corporate communications specialist (which is a position I created, after working in the company's Marketing department for the first 2-2.5 years).

I know I've only given you a rough sketch of my situation; feel free to request anything else you need. Thanks for your help!


Asked on 3/24/08, 10:00 pm

1 Answer from Attorneys
AVA ZELENETSKY AVA L. ZELENETSKY, ESQ.

Re: Best course of action when facing termination

Before answering whether you can sue, I would need to know if you have a contract or are an employee at will. If you have a written contract, then your company would have to follow the provisions in that contract. Similarly, if the company has an employment manual, they would have to follow the provisions in the manual. In the absence of a contract or a discriminatory reason for firing an employee, an employer does not have to give severance pay or even give you notice. If you would like to discuss this matter further, please feel free to call me.

Read more
Answered on 3/25/08, 8:53 am


Related Questions & Answers

More Labor and Employment Law questions and answers in New York