Legal Question in Employment Law in New York

Laid off and replaced for no reason other than job position elminated

I was laid off by my company on April 2 and they said it was because the job position was elminated. I have not signed a severance agreement yet. I have until April 22. They are already seeking replacements for me, even though they stated in the Severance agreement that my job was elminated. I feel I was discrimated against. My performance was fine. Never any problems. I have several emails, including one from the CEO stating how amazing I was and my job performance was outstanding. I have hard copies of all my evaluations and they are stellar. I also have an email of my CEO sending off my resume to Board of Directors to help me get a job and state how wonderful I am. Do I have a legal leg to stand on?


Asked on 4/10/02, 8:14 pm

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: Laid off and replaced for no reason other than job position elminated

This is a perennial problem in an employment at will State like New York. Merely because you are the best employee they have, and , even if they are duplicitous enough to lie to you and say your job is being eliminated when it is only YOU who are being eliminated, they have a legal right to do so; UNLESS they are firing you for a statutorily impermissible reason.

What form of discrimination do you believe you are experiencing? It MUST fit the parameters of Title VII, or the ADEA, or the ADA, or New York State Human Rights Law or, if you are in New York City, the NYC Administrative Code.

That would be because of your

race, creed, color, national origin, sex, age, disability ( IF and only IF it is declared one under the ADA or NY Executive Law or NYC Administrative Code); or for your sex or sexual preference(NYC ONLY).

If they simply don't like you, or are tired of you, or, just want you to leave, in New York, there is no cause of action. See your legislature. We have been trying to change this situation for a hundred and fifty years or so.

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Answered on 4/11/02, 5:41 am


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