Legal Question in Employment Law in New York

After 23 years of loyal service I was terminated for any reason which my ex boss claimed for performance reasons. I was hired/transferred into the area 2.5 year ago which I was fired from January 19, 2010. My Boss claimed on my reviews I did Very Good to only rate me Good. Would degrade me verbally everyday and then a year after being in the department told me I would be supporting another SVP. Which I took in stride. The stress after 6 months working for 2 SVP's was horrendous. I'm not a quitter and always rose to the challenges. Then my mid year review on 7/2009 they dropped a bomb on me saying my performance was declining. But yet my first Boss said my work was very good, right on my midyear review. My reviews for 18 years were always Very Good in the other areas I worked. I continued to support them, not even thinking I should be looking for another position. Five months later they told be they felt I wasn't improving and my rating for the year would be marginal. I never worked a marginal day in my life. I have to take care of myself. Per policy employees cannot post other positions if they are rated marginal. BUT.. my Boss said I could. I did post for other positions, but to late. Dec 1st I was given 30 days notice to improve on performance or be terminated. All the while I continued to do as they said and did the job as they told me to do. I could not do anything on my job without their approval so everything I did right or wrong was at their direction. I completed all their requests and got everything done as they directed. Anything that went wrong (ie. videoconference logistics complications during meetings, wrong phone number on phone message) was my error. Videoconferences are worked with IT Dept and are not all my fault and are worked out. But they counted it as my error. Since I've been terminated due to performance without severance, everything I have worked for I may loose because I had the misfortune to work for someone who micro-managed and pushed me out of my job. They had shear pleasure on their faces when I was terminated. Just 2 days from an internal job interview which I could have gotten out of her clutches. The stress they have caused me from July has left my brain numb. I don't understand what happened. I am honest, high integrity, not a quitter, earnest to support and complete the requests of my Bosses. They crushed me like a bug. All I wanted to do was my job, to pay my bills, so that I could retire from there in 5 years. Now that is all gone. My benefits, paying my bills, I may lose my house and car if I don't find another job. I was unable to get severance because of a new policy of not paying severance for performance reasons as of July, 2009. My performance they rated as marginal, not poor nor did I get fired for stealing. Which the policy covers. I feel I should have gotten my severance. Seems Business's today do not want honest, hard working, loyal, high integrity employees anymore. Do you think I would I be able to pursue my severance?


Asked on 2/04/10, 8:07 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

It is becoming all too common for employee's nearing retirement to face termination for little or no reason. I would suggest that you re-examine any other possible causes for your termination. Finally, severance payments are paid at the employer's discretion.

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Answered on 2/15/10, 5:27 am


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