Legal Question in Employment Law in New York

displaced workers

My previous employer has closed it's operations and moved most of it to Mexico. Prior to the closing and prior to what would have been my last day of work.I left that employer to take another job. When i was asked to fill out a ''voluntary termination'' paper, I crossed out voluntary and wrote that I was '' forced to seek gainful employment out of necessity for my family,due to plant closure''. I have since been denied my severance pay,and the local union has denied me any representation because it was a voluntary termination. However... 2 months prior, another employee quit and actually assaulted an HR rep. by throwing her time swipe card at her striking her in the head.. and this employee was paid her full severance package!! I am not the only employee this effects and I kow of several others who would like to hire an attorney and try to establish a class action law suit. Is this possible and do we have grounds! I would also like to add that the Unions handling of this is questionable. Any information you can provide would be greatly appreciated!


Asked on 11/01/04, 3:56 pm

1 Answer from Attorneys
Rachel Yosevitz Bistricer Yosevitz

Re: displaced workers

Was there an employment contract that provided for severance pay? Who asked you to fill out the voluntary termination form? How were you notified about the employer's closing of the operation?

You should file a complaint with the union for having denied you representation based on a wrongful assumption of "voluntary termination" Show them the form that you signed crossing out the "voluntary termination" which has your wording on it. Who has the original of this ofrm with your signature?

I would advise you to contact an attorney to explore your legal rights, obligations, and alternatives. Feel free to call me if you wish discuss retaining my services: (516) 256-7737 or (212) 239-2460.

Please note: This answer is not legal advice and does not create an attorney-client relationship. It is merely a comment on the legal question presented and should not be relied upon unless and all the facts have been uncovered and until an attorney-client relationship is entered into. Entering into an attorney-client relationship would require signing a retainer agreement and depositing a retainer to secure payment of legal fees.

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Answered on 11/01/04, 5:45 pm


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