Legal Question in Employment Law in New York

I worked for a company for 4 years and 11 months. I was fired due to poor performance. In my first year, I was voted employee of the year and I have two evaluations that state how good I am at my job. I was written up in October of last year for the same reason.

A new CFO was hired and I began to experience some pressure on a report that I have been doing for almost 2 years. There was an error made in the presentation of the numbers, that resulted in $1,500 error. This is not material. I was put on a 30 day probation and let go after 27 days. Is this just cause to be denied unemployment in New York?


Asked on 5/18/12, 1:54 am

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

New York is what we call an "employment at will" state. That means that you can quit your job for any reason at any time. The reverse is also true: your employer can let you go for any reason at any time.

In your case, your employer fired you for cause: "poor performance," whatever that means. That, in itself, gives them a prima facie case to deny you unemployment in New York, and, at the initial level, that is likely to happen. However, you have the right to appeal that decision IF YOU ACT IN A TIMELY MANNER; it's a short statute of limitations, so appeal SOON after you get a denial of benefits notice if you're going to appeal.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 5/18/12, 10:22 am


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