Legal Question in Employment Law in New York

If I have seen my job posted on a job site and feel that my employer is about to fire me, what action should I take in order to protect my job before they fire me? They have given me a bad performance evaluation which was completely fabricated stating that I do not communicate or take initiative and when I presented them with email documentation to the contrary they simply ignored it. I do not trust my boss and am afraid that he will make up a reason like misconduct or not performing my job duties and try to deny me unemployment benefits. What should my course of action be (the job was posted Monday of this week)? Thanks in advance, M.


Asked on 2/13/10, 6:23 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This is the time for you to make sure that you have copies of your employment record (e.g. performance evaluations, e-mail, employee handbooks, notes etc.) is a safe place, such as, your home. Make sure that you follow-up any positive or negative oral interaction with a note, memo, or e-mail that "memorializes" the discussion. Having the mentioned hard evidence may help you to refute any termination for misconduct which may be a disqualifying event preventing you from receiving unemployment benefits. It may also serve as evidence in the event that you file a claim for unlawful termination (e.g. age, disability, age, sex, gender etc. etc.). Best wishes.

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Answered on 2/18/10, 7:22 pm


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