Legal Question in Employment Law in New York

Discharged unfairly

I was discharged (fired) from my employment of 10 years for participating in an ''unprofessional'' act. A few of my co-workers and myself expressed joy about a co-worker quitting the week prior by singing ''ding dong the witch is dead''. I was the only one written up, suspended and ultimately terminated for this act. The others that participated were not disciplined for this action, just myself. I have had 10 years of EXCELLENT performance appraisals, as well as being used as a ''positive role model'' for others within the agency. After I was let go, I asked a few close friends I worked with to give me a personal reference for a job. They were told they could not do so and would lose their jobs if they even spoke with me. The executive director and my supervisor refuse to accept my phone calls to even discuss grievience. I believe they may try to prevent me from receiving unemployment. Is there anything I can do legally? Unfortunately NYS is an ''employment at will'' state and I'm not sure if I can do anything legally. Thanks.


Asked on 6/04/02, 8:01 am

2 Answers from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: Discharged unfairly

Unless you have a union which covers your employment, or a written contract of employment, it isn't only the wicked witch who is dead. Hit the yellow brick road for a new job now, unless there is a discriminatory, actionable reason for getting rid of you and this is just a subterfuge. If it is not, that is what employment at will is all about. Now how about changing it with the Legislature?

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Answered on 6/05/02, 3:04 am
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Discharged unfairly

The term "employment at will" has been misused by many for a long time. Employment at will simply means that both sides (employer/employee) can walk away from an employment relationship at will. However, there are some notable exceptions: employment contract, termination for an improper purpose, e.g. discrimination. Your situation needs to be addressed further to determine whether you have a claim worth pursuing.

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Answered on 6/04/02, 9:04 am


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