Legal Question in Employment Law in New York

Employer lying about termination

I was terminated after two months of employment because the company said they could not afford my salary. They said they would gfive me good references and that I was not being let go not because of my performance. After applying for unemployment I was told by the unemployment office the company said the reason they laid me off because I had a problem with the commute (which I did not since they paid for my commute). Do I have any recourse if my unemploment does not come thorough? The company lied. They did not want to pay for my salary, my commute and my health insurance. I don't see why they had to lie to the unemployment office. Is this deceptive hiring?


Asked on 9/11/03, 1:28 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Employer lying about termination

There's no cause of action known as "deceptive hiring" and it is legal to fire someone for economic reasons. It isn't very nice what the company did to you but it is not illegal.

I would expect that you will get unemployment insurance. However, if for some reason you do not, your recourse is to request a hearing based on the fact that the company's rationale for just cause in terminating you is untrue. They will have the burden of showing that you were unwilling to work. If what you write is accurate, you should prevail.

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 9/11/03, 1:37 pm


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