Legal Question in Employment Law in New York

I have been employed with a bank for 9 years . I have had No disciplinary write ups ever during my employment I have made regular advancements during my time there as well as a regular history of positive reviews and promotions. I was recently fired for breech of policy , by giving my fianc� a cash advance on his unemployment card while he was not present as he was not a member but was well known by all the bank employees and did sign the receipts. It was an oversight on my part and I would have fully excepted a disciplinary write-up . However my employment was terminated for this . I strongly suspect that my wages were a motivation as the new manager is paid less and as I am newly pregnant (2 months) and there abilities to fire me would have been harder . I would like to know what legal rights I have (if any) to fight my being terminated . Without out any write-ups or warnings . .

Asked on 10/11/11, 6:48 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

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First, unless you are under contract or belong to a union, you are an employee at will and can be fired for any reason unless prohibited by law.

Second, in your case, you might have a sex (pregnancy) discrimination action if you are a covered employee and can show the company's reasons for firing you was based on your pregnancy and not on your violation of policy. One way of doing it is to show other people committed similar violations, but were given write-ups, instead of being fired.

Take the time to read the provisions of the EEOC and New York State Department of Human Rights (EEOC.gov and http://www.dhr.state.ny.us/how_to_file_a_complaint.html )

Licensed in New York and Practicing in NYC and Long Island.

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Answered on 10/12/11, 9:36 pm

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