Legal Question in Employment Law in New York
NYS Unemployment Denial Case
Hi, my former employer for the past 4 years suspended me for 3 days than terminated me for breach of company policy. During my suspension and after being advise through telephone I was terminated I wrote a letter to the company headquarters requesting a full investigation be performed at the unit I was based at. I have communication emails between the company lawyer stating an investigation was performed. I was wrongfully terminated based on sexual orientation in which I informed EEOC. Can my previous company deny unemployment benefits? If so, how can I fight it in court?
1 Answer from Attorneys
Re: NYS Unemployment Denial Case
The EEOC investigates alleged violations of federal anti-discrimination laws. There is no federal protection for sexual orientation. I am assuming that you are in New York County (Manhattan) and hopefully your employer is also in the City, therefore, I would recommend that you file a claim with the NYC Commission on Human Rights. There are laws in New York City that prohibit discrimination based on sexual orientation. If you are denied unemployment benefits there is a mechanism for you to file an appeal.