Legal Question in Employment Law in New York

I lost my job about six months ago to a small business. During the last year of my employment, they have cut my pay two times do to lack of business. They said when it picked up they would put me back at my original pay. The next thing they did was cut my days of work to 4 days a week and sometimes three days a week. During this time, they put me on a program through unemployment to pay me for the days I was not working. I was the only one in the business that got the pay cuts and the days reduced. During this time getting close to my termination, my employers had everyone except me working full weeks and some Saturdays. I would like to also add that one of my employers had his son and one of his son's friends working for a couple of weeks. During this time I would like to also add that they had a new rug installed, fresh paint through out the building, they purchased a large screen TV for the conference room and a small TV in the office they are in. The very last thing that shows that they could afford to pay me instead of cutting my pay and make me receive unemployment for a couple days during the week was. My boss would go to the Bahamas or Cancoon. Some place like that. So in my mind they could afford to pay me and decided to mess with my finances and livelihood by starving me out to leave. SO on my last day of work I went into work and started working and got called into my bosses office area to look at his computer were he showed me and explained that he had another employee put a data logger on my computer. He started to read my personal social media back to me. He then said we need to go into the conference room joined by his brother. He said that I do not fit in and they are letting me go. I remember this clearly because it has haunted me for a long time on how they treated me. After talking to him that I had to leave, he said, " if I need a letter of recommendation let him know. So naturally, I went on unemployment full time while I was looking for a job. I requested that letter from him a few weeks later through an email and did not see anything. So I called and spoke to the secretary to check the status of it. He was there and she asked him and he said if someone calls he would give me a good recommendation. So here is my question!!! During this whole time of looking for a job on unemployment for about six months. I get a phone call from the NYS Department of Labor interviewing me on the phone about my termination. A week later I get a letter from them stating I made false statements and have to pay back $6880.00 of unemployment. One of the reasons for termination was that I was on a social media (Facebook). Everyone including my boss's used and knew I was using social media just like them from the day I started. I was never told, warned or signed anything that said I or we could not use them. If that was a problem to them then they should have told me a long time ago. Maybe put it in a handbook or something I could sign. If I knew I could not I would have stopped using the computer when it was slow for my personal uses. This company has no policies in writing. I have never signed anything regarding any problems. I feel that this company is still trying to take money away from me. So now, I have to go to a hearing and defend myself or have to pay money that I do not have and will not have for quite a while. What do I do? I am not a Lawyer. I am a hard working single Dad trying to get back on my feet. Why didn't they stop or tell me I could not have unemployment in the beginning? Why did they let it rack up a bill I cannot and should not have to pay?

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in New York

Looking for something else?