Legal Question in Employment Law in New York

Can i sue them or something... Help needed

I was fired for the following reasons. 1. Customer complaint - Procedures not being followed 2. Quality of work and follow up 3. Violation of code of conduct. This was on separation notice. I asked but was not given a real reason to why I was being fired. Just that I was. Then I found out that employer also submitted false statements why I was fired to deny unemployment. They said in print that there was a list of procedures I was to follow and that they went over them with a customer that put in a complaint to make sure all procedures were done. This was a lie (no list exists) and admitted by employer at unemployment hearing. Stuff was made up and disproved. The judge flipped a wig on them because he could not understand why I was fired. I did my job plus more. The unemployment hearing case is proof it�s self of wrongful termination. The kicker 3 months to my firing I had put in a complaint to the hour-wage labor board because company was tiring to pay a fixed $ for unlimited OT. I did this cause I already explained and showed to them (the law its self) that it is not legal to do in NY. Me and 2 others that weren�t ok with this got fired a week before labor department showed up at there door. Please all insight on this is welcome


Asked on 5/01/03, 5:56 pm

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Can i sue them or something... Help needed

You might have a retaliation claim when you told them about the overtime problems.

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Answered on 5/01/03, 6:34 pm
Raymond Iaia Minotti & Iaia, LLP

Re: Can i sue them or something... Help needed

Although your question is not entirely clear, it seems as though your were fired after making a complaint that your employer was violating the federal and state overtime laws. It is legal to fire somebody who makes a complaint. It is NOT legal to fire somebody BECAUSE he made a complaint. You indicated that your employer lied about the reason you were fired. This may have been done to cover up an illegal reason, namely in retaliation for the complaint about overtime. If you were fired because of your complaint, you may sue your employer in court. If you wish to discuss you case further, you may call me at (914) 949-6323.

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Answered on 5/05/03, 12:00 pm


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