Legal Question in Employment Law in New York

I recently got terminated from My job I'm in the union and I'm a CNA. So before Xmas I went on vacation when I came back they said I couldn't take care of a resident be because of a complaint which caught me left field I had never. Had a negative experience with this individual so I thought it was a mistake long story short I come back after vacation mean while 4 days have passed no one informed me until I got to work and I was only told I couldn't provide her care . So while assisting. A coworker pass linen and water we were walking by her room her sister whom was visiting asked to to come in because they bought I'm there 2 dogs and they told me in previouse conversation they wanted me to see them anyway long story short her claim was bogus she's mentally unstable and I feel wrongly terminated I have a posit e background with family members and also with the situations even witnesses is it fair that they didn't ask for other witness statements ? Is it also right that they keep my Pto and vacation time because I only been there6 months ??


Asked on 1/04/13, 7:41 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

You ask whether your termination is "fair." The answer to that question, obviously, is "no." Had you asked whether your termination is "legal," the answer would be "yes"; New York is a so-called "employment-at-will" state, which gives the employee the right to quit at any time for any reason, but which also gives the employer the right to terminate the employee at any time for any reason. If a patient complains about a health-care facility employee, that health-care facility generally wants to rid itself of the employee complained against ASAP as a risk-management measure.

Paid time off is earned, as is vacation time. Six months is usually considered a probationary period during which you can be terminated without compensation for paid time off or vacation.

Apply for unemployment. You might have to jump through some hoops to get it, but it could be well worth your effort.

Apply for other jobs. Use your union for referrals, use the unemployment office for referrals, use your friends for referrals, post your unemployed status (minus the reason) on your Facebook page and ask your Facebook friends for help finding a new job, network, network, network.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 1/07/13, 12:57 pm


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