Legal Question in Employment Law in New York
I had been an employee of a restaurant company that is based in Florida and my home store in New York, for a period of about 18 months. I was recently terminated after becoming ill whilst home Saturday night and resultantly woke up later then the call time for my Sunday morning shift. I had called the manager on duty directly on his cell phone to inform him of the situation about 1.5 hrs after the start of the shift, I was told to stay home and that I would need to speak to the general manager. I came in to work the following day on a scheduled day off to have said conversation. After a brief talk with the GM I was told he needed to mull things over and to stay home for a few days and come back Wed morning for a meeting. At this meeting I was let go because he stated you know "my policy" and I provided little objection. This didn't sit right with me and I reviewed company handbooks etc. and found no mention of this type of immediate termination, rather steps of progressive discipline specifically applying them to instances of absenteeism/ tardiness. Additionally it mentions that 3 days of unexcused absence is voluntary resignation. Also I can recall instances in the past of no call no shows being handled differently, as this is what they claim I did. I understand that NY is at-will, but i guess my real question is do i have a claim for unemployment, or should I contact HR regarding the matter and see what turns up because during my time with the company I had never received any "write-ups" or reprimand and in fact was well above company average in guest satisfaction surveys, compliments etc.
Thank You in advance for taking the time to review my question,
Matt
2 Answers from Attorneys
Matt:
Clearly, you should apply for unemployment in NY. If the company contends they discharged you for cause, appeal in a timely manner any denial of benefits.
You might regain your position by going through HR but your manager might find better reasons to terminate you.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts. I am not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with me, tender the agreed amount for a retainer and it is accepted by me. I reserve the right to decline representation should circumstances change. As you are aware, in New York there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.
Matt,
Yes, a company handbook generally contains the rules and procedures concerning employee discipline and some courts have found that such handbooks represent a quasi-contractual agreement that obligates the company to comply with those materials.
So the answer to your question depends somewhat on what the handbook does or does not say, but also may be dependent on the company's actual policies that are implemented.
In addition to the above, many restaurants and chains do not properly comply with the FLSA -- federal wage and hour requirements, such as paying employees overtime, allowing meal breaks in the middle of a shift, and/or not paying minimum wage.
If you have documents that support your claim, or you believe that your company was not in FLSA compliance, I would be happy to speak with you. Please email me at [email protected].
Regards,
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