Legal Question in Employment Law in New York

do i have a claim

My name is Craig Lovejoy. I worked for Frontier for approximately 11 months. I was recently fired for misconduct because I failed to show up to work on more than one occasion. The reason I did not show up to work was because there was an employee who had accused myself and a coworker of vandalizing his vehicle. This was a false accusation. This same person also started altercations with myself and my coworker. The police were called and my coworker was questioned. My break happened to start shortly after the police arrived. I was curious to find out what was going on so I attempted to find where my coworker was meeting with the police. After my coworker returned he informed me that the sales manager asked him what was going on and that I looked suspicious. Now I felt I had to worry about a confrontation with the person accusing me and my manager thinking I had something to do with this incident. I believe I missed the next day of work. I received a call and a text from two coworkers that told me that the accuser had video of myself and the coworker in question vandalizing his vehicle. The next work day I called my supervisor and let him know that my accuser was slandering my name to my coworkers. He never returned my call.


Asked on 8/13/07, 12:45 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: do i have a claim

Based on this description, it sounds as though you quit your job. What type of claim?

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Answered on 8/13/07, 3:52 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: do i have a claim

Re-read your question: failure to show up for work is sufficient misconduct to be discharged, at least for unemployment purposes. Are you asking about slander?

You might sue the person who wrongly accused you. But you have to find out if your employer actually followed up or accepted the word of the coemployee about the false video.

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Answered on 8/13/07, 4:02 pm


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