Legal Question in Employment Law in New York

Terminated for One Comment

After 3 yrs of working for a major

tech company with great

performance reviews, I was

terminated last week for 1 joking

comment I made within a

conversation between myself and a

male and female employee. The

comment anthropomorphised a

computer part and was not

derogatory towards my co-workers at

all. The female coworker did not say

anything about being uncomfortable

at the time. One month later, I was

brought into HR and asked about the

conversation. I was as honest as

possible and admitted saying this

statement but explained at no time

was I referring to this co-worker. The

HR Manager suspended me and the

next day my manager called to

terminate me. The possible reason I

was left go which I have found out is

that this co-worker has now gone to

HR with over 100 Sexual Harassment

complaints and I am being used as

an example. She seeks out possible

complaints and has even emailed her

female co-workers to ask them to

join her in this crusade against the

men she works with. My question is

what type of recourse if any do I

have? I had no history of any type of

harassment or any other employee

problems at all.


Asked on 5/02/09, 4:20 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Terminated for One Comment

Unfortunately, the information I need to answer your question is omitted.

Do you have a written employment contract with the company? In New York, you are an "employee at will " if you if you do not, and may be discharged for any legal reason, at any time. Therefore, if you are terminable at will, you can certainly be let go for a reason.

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Answered on 5/02/09, 8:26 pm


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