Legal Question in Employment Law in New York

Fired without warnng

My friend was informed yesterday that she was fired from her job with New York State. She made a mistake when she was younger and a problem drinker; she slept with someone underage and was arrested and convicted of a felony. She has done her time, went to rehab, is sober and trying to regain custody of her children (who want desperately to live with her again). She has made an unbelievable turnaround and has become a person that I admire, respect and trust. Someone made an annonymous phone call and said she lied about her past to get her job. This is completely untrue. She was honest and there was a meeting with her potential supervisors to discuss hiring her. Based on this annonymous tip alone, it was decided that she should be fired immediately (new supervisor who was unaware of her past). After 8 years of service, it doesn't seem right that they can so that to her. She worked for me for a few years and she was an excellent employee. She doesn't deserve this. Pleas advise. Thank you.


Asked on 12/30/05, 9:35 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Fired without warnng

Your question omits important information. Did your friend have a written contract with the State for her employment, and was she fired for falsifying answers on her job application? These are the two starting points in this type of inquiry. Also, if she plans on suing the Stae please remeber there is a 90 day notice proivision.

If for instance someone lies about a college education that can be sufficient grounds to terminate an employment contract. Having said that, there are many areas of personal background that

are inappropriate as inquiries on job applications or interviews.

In your friends' situation it would depend on the position she held; inquiries as to past crimes are

improper unless they are relevant because of the nature of the job applied for.

Without knowing more I can only suggest she inquire with the NYC or State Division of Human Rights.

website http://www.ci.nyc.ny.us/html/cchr/home.html

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Answered on 12/30/05, 10:55 am


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