Legal Question in Employment Law in New York
Unfair retainment of employment
I am employed as a supervisor. We were told in late 2001 that there will be changes but we will not be closing. In January we had a state inspection of our equipment and a yearly calibration. We passed without any violations. I was told in May that an independent phyisicist was coming to inspect our equipment. In June, my imeditate supervisor told me to terminate one part of our operation, because of what this physicist found. The report was not ever seen by me or the phyicist overseeing my department.
A week later I was told to close the rest of my department.
The rest of the facility was told, in memo, that the reason for closing my department down was deficencies found in the operation of the equipment. I retained all of my employees until August were I lost four they were offered enhanced packages to leave under short notice. We have not done any of the work we were hired for since June. Eventually I lost more employees because we were not told what was going to happen to our department.
Recently, late we were told that we were going to open with limited services.
To get to the point, if I am terminated, which I feel I will be, do I have grounds for legal action?
1 Answer from Attorneys
Re: Unfair retainment of employment
It depends. Do you have a contract? Are you being discriminated against? There is a federal statute that requires employers to give employees sufficient notice of a plant closing. Feel free to call me if you have further questions.
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