Legal Question in Employment Law in New York

Fired by Message Machine

I was sent home from work by my employer,who did not like my response -I basically anticapted what he was going to say and finished his sentence... he cut me off and said, ''I've had enough, go home, i mean it leave right now... ''I will decide today whether or not I want you to come back.'' I worked for him for two years. Later that evening I was called by my manager and told what to say when he called me. About an hour later, he left a message on my machine, basically stating we ''should go our separate ways, thank you for your services.. good luck, have a good life.''

Now I am wondering what my rights are? There was a vesting or small

percentage i got from the business profits...last year he wrote a figure on a piece of paper and handed it to me. There is no employee handbook, no written anything. This is a dentist who's expanding. He is overextended, emotional and flipping out. HOW do I salvage my rights? Formerly this guy had promised a raise with additional bonus and changed his mind. Thanks for your reply in advance. MG


Asked on 9/08/06, 9:26 am

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Fired by Message Machine

Unless you had a contract, and I'm not sure if what you had constituted a contract or not, I'm afraid your rights are limited to filing for unemployment.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 9/08/06, 10:17 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Fired by Message Machine

I must ask you: are you a dentist? The reason it matters is your comment about a "vesting" of a share of the profits, because it strikes me as strange for a dentist to share his profits with anyone except another professional.If you are, do you have an employment contract?

Your question is confusing because you mix your pronouns up refrring to manager and employer.

If you have a contract, and wish to discuss this,

contact me. Otherwise, in New York all employment relationships are terminable at will.

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Answered on 9/08/06, 2:08 pm


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