Legal Question in Employment Law in New York
Hi. I was terminated for insubordination. But before this happened there was an employee who has more seniority than me. They were going to place him on the weekends but he got angry and cursed at the manager. He then called the shop steward and he helped him. So now it was my turn to go on the weekend. So I spoke with the manager and explained to her I have no issues with the weekends but what was her plans with me. She said I was going to get moved for the 14th time and then moved back to my building. I then told her I'm tired of being moved, can't we compromise where I stay in my building and my partner who has 2 months in gets moved because that's the way it's always been and she said no. So I walked away to call my shop steward but he didn't pick up. So I went to work but then my manager calls me back in with the shop steward. So I explained to him the situation and they both were attacking me. He even asked her would you consider giving stone a miscellaneous or gardener spot and she said no. And he didn't fight for me so I got agitated and in a low voice said I don't give a f anymore. You guys are gonna do what you wanna do so. Then the next day I was terminated. Now my old human resource director told me if I go to arbitration I won't get no unemployment. So I told the union that and all he said was "k". Now they want a letter of resignation . What should I do?
1 Answer from Attorneys
You need to contact your Union. You have rights to due process under your contract.