Legal Question in Employment Law in New York
improper termination; negative referral
When I was fired last week, I was told the following:
-I caused the company to lose a lot of money over the past year-they gave me a huge raise less than two months ago.
-I did not care about my job: I received a LOT of overtime in the past month for coming in on my day off to work to ensure quality control; created and implemented many new efficient methods of handling business.
-I did not get along with customers: I had a LOT of happy, repeat customers-and some who would not speak with my direct boss because of HIS lack of concern, but would speak with me.
- I do not know if the owners of the company even know if I am gone...the managing director (who is in charge when the owners are gone) let me go. The owners were away on business.
-Also, I had a friend pretend to be a possible employer, and called for a referral. They were told overall that I was an excellent employee, always contributed, etc., but that the industry I was in ''was not my forte.''
Do I have any leg to stand on? I am currently interviewing with another company in the same field, and I do not want to have them call for a referral only for me to lose the job based on what my old boss might say.
1 Answer from Attorneys
Re: improper termination; negative referral
NY "employment at will" doctrine is pretty harsh for the employee, so probably no rights to sue based on termination -- even if the employer was incorrect in their assessment of you. Of course, you may want to go over all the facts with an attorney, but on the face of it, it looks pretty difficult.
Their reference may well be the basis for a suit, if it's a false statement of fact. But what's a "fact" and what's an "opinion" -- which is not actionable? If they're saying you were excellent, but things just didn't work out, that sounds like a pretty good reference. But if you think they're defaming you, your strategy was smart -- having someone pose as prospective employer and taping the conversation will leave little doubt if you decide to take it to court; you then have clear evidence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
