Legal Question in Employment Law in New York

Can I sue? Do I make a case

I recently got laid off from a company. I was hired in the month of June and I got laid off 12/17/01. The excuse they have is poor economy and cut cost and senority. I could understand the first two, but senority, I believe I was not the last one to hire in the company. However, I got laid off first. I am Asian, can I sue the company for discriminating?

Please reply


Asked on 12/18/01, 1:49 pm

3 Answers from Attorneys
Thomas Luz Pearce & Luz LLP

Re: Can I sue? Do I make a case

Employment in New York is at will. The company is allowed to terminate anyone it wants to unless the determination is motivated by an impermissible bias. Is there any evidence that the company made its decision based on your race or national origin?

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Answered on 12/18/01, 3:58 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Can I sue? Do I make a case

I would need more information before I can advisey you.

Please call me to schedule a confidential attorney / client consultation. (516) 741-7799

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Answered on 12/18/01, 6:02 pm
Raymond Iaia Minotti & Iaia, LLP

Re: Can I sue? Do I make a case

It is legal to fire a person who is Asian. It is illegal to fire a person because he is Asian. There is a huge difference. You have not pointed to any facts that suggest your national origin played a role in the decision to terminate you. Without more facts from you that suggest discrimination is really what happened, you will be able to sue, but you will not be able to win.

In any event, there are strict statutes of limitations of which you must be aware. I would like to discuss these with you, as well as the facts of your case in detail. You may reach me at (914) 949-6323. I look forward to speaking with you.

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Answered on 12/19/01, 9:15 am


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