Legal Question in Employment Law in New York

My girlfriend got a job with a company in Manhattan. On the first day they found out she didn't graduated college. Mind you, this did not come up in the interview. I believe they asked if she "went" to college, she said she did. She went to Sarah Lawrence. So on the first day of work, a co-worker asked when she graduated and she told her she didn't. There were no secrets or intent to conceal. At the END of the second day, the HR guy, Bryan, fired her. As well, he has failed to pay her for the two full days she worked. It's been almost two months now. Likewise, he informed her that she was not qualified for the job. When I asked him, on her behalf, what qualifications were needed and what the job duties were, he said: to take calls, sort files and keep the office clean. You need a BA. A BA in what, I asked. He said "anything". So would a BA in film qualify me to be an assistant at a health company? Apparently so. I believe they wronged her and I want blood. Can someone advise?


Asked on 7/28/10, 10:30 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

They are permitted to fire her under the circumstances but they would still have to pay her for the two days she worked. Filing suit in small claims court might be the fastest way to get them to pay up.

Good luck!

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Answered on 8/06/10, 3:01 am


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