Legal Question in Employment Law in New York

I live in New York State my employer fired me stating that I was clocking in and not starting my duties, they also claim that I was not clocking out for lunch breaks eventhough I was told that it was unnecessary as the time was auto deducted. I received no warnings and simply fired. I applied for unemployment, but the employer is fighting it. I am looking for a job. I can not afford an attorney what can I do?


Asked on 7/09/12, 7:22 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

You don't need an attorney to appeal any decision of the Unemployment Insurance Board that is adverse to you, but you must act within the timeframe they provide for an appeal. That timeframe is short; it's on the form on which they send you any adverse decision. You can find out about the process at https://www.labor.ny.gov/ui-appeal/ .

New York is what is known as an "at-will" employment state. That means that employees have the right to quit their job for any reason or for no reason, which is good for the employee and bad for the employer. Turnabout is fair play; employers in New York also have the right to terminate the employee for any reason or no reason.

Best of luck in your job-hunt!

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Answered on 7/22/12, 8:40 am


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