Legal Question in Business Law in New York

Re: fired by phone

It might be insufficient to claim unemployment. You need to get it in writing or be told in person, as your employer could then claim you voluntarily resigned from employment and you would not receive unemployment.

Re: fired by phone

The answer to your question is a resounding and very unsatisfying IT DEPENDS. Take a look at your employment agreement to see if there is any restrictions on how your employer can terminate your employment.

I don't practice employment law, but as I recall from bar exam study your employer may need to provide you with the termination notice in writing. Find yourself a lawyer who concentrates in employment law (you can get a referral from the NYS Bar Association at www.nysba.org and from the Albany County Bar Association (www.albanycountybar.com); Saratoga County is just now getting around to instituting a referral system and I'm willing to bet that it's pretty bare-bones still). You may have a cause of action, or you may not. Your lawyer will need to see your employment agreement to answer your question.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: fired by phone

Proofreading: Check your employment agreement to see if there ARE any restrictions on how your employer can terminate your employment.