Legal Question in Employment Law in New York
Hello,
I am writing to you because I believe I was wrongfully terminated from my job. I had been working there for almost three years, had an excellent record, fantastic reviews and on October 2nd something was blamed on me that I was not responsible for.
I had asked repeatedly to go over the situation with management and was never given the opportunity. I was a loyal employee to a fault, I feel as though I was made a scapegoat, or it was a layoff and they didn't want to pay severance. The official reason for my firing was:
"You were terminated for supplying inaccurate information that we presented and represented to the client which caused thelab to lose credibility.
Although we appreciate what you have done in the past for thelab, the current situation is not going to change.
We wish you well and I am going to ask that you please refrain from contacting anyone at thelab about your termination."
I could have without a doubt proved my case had I been given the opportunity, but they simply wont let me. We work with electronic files and I fear that they could now have been altered to work against me. I was later given information by a co-worker that proved what I knew, that I did not make any mistake. We also have a three strike policy, so again this was a total surprise.
I really don't know what to do,
DA
2 Answers from Attorneys
New York is an at-will employment state and absent any whistleblowing or discrimination, you would be hard-pressed to prove your termination was illegal. However, you may be able to obtain a severance package on other grounds.
If you would like to discuss this further you can reach me at [email protected] and review the materials at Severanceattorney.com.
Regards,
You should discuss your matter with an attorney as soon as possible. While New York is an "employment-at-will" state, there are certain public policy considerations that limit the employer's right to discharge you. Furthermore, you state that the company has a "three strike" policy. If true, this may constitute an informal employment agreement that the employer cannot abrogate. During a consultation, the attorney will explore your rights in light of New York law, and can advise you accordingly.
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