Legal Question in Employment Law in New York

Is this company being unlawful in any way

My boyfriend works for a half way house in the Bronx. He was terminated for the following reason, Upon receiving his check he realized he was overpayed. He discussed the matter with one of the young ladies who handles payroll. She explained to him that there was money given to him from his insurance policy...and it was okay to cash. After cashing the check he was told that the other girl who handles payroll screwed it up and overpaid him...but that the matter could be resolved by deducting the funds from his next paycheck, which he agreed would be okay for them to do. Days later he was called of by a supervisor and told that he shouldn't have cashed his check, and she was going to report him to his boss and request that he be fired. When he spoke to his boss he then fired my boyfriend saying that it was unethical for him to cash his check. Is this enough reason for him to be terminated if he was told that it was okay to cash his check...and was it unlawful for his supervisor to threaten him when she said she was going to request that he get fired. He not interested in getting his job back he just doesn't want his reputation to be ruined by someones opinion of his ethics...Please Help Us!!!


Asked on 12/14/04, 10:02 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Is this company being unlawful in any way

Something doesn't sound right here. Is he a member of a union? If so he should file a grievance. Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/14/04, 10:19 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Is this company being unlawful in any way

This area is too fact intensive to give a yes or no answer. But it sounds as if this is a violation of either the NY Labor Law or the FLSA sections dealing with wages and fringe benefits.

If you wish to follow up with me email me back. Other ways to check this are to call the NYC Commission on Human Rights or the Department of Labor, State and Federal.

It sounds as if he was terminated for complaining about something the company did wrong. That is a retaliatory personnel action.

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Answered on 12/14/04, 12:09 pm


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