Legal Question in Employment Law in New York

Workplace Dismissal

On March 27 my boyfriend was informed through his supervisor that some accusations of on the job drug use, srinking and selling of drugs had been made against him. The accusations were made in the form of an anonymous letter mailed to the human resources company of the company. On April 4th he was told to go home three hours into his shift without much of an explination as to why. He was told to return the following day to meet with the G.M.At the meeting the G.M. informed him that some accusations had been made and he was told that he had to accept his resignation. He informed him that he had not tendered a resignation. When he asked if he should come in on his next scheduled day he was told not to. When he asked if this meant that he was no longer employed by the company he was told that he was no longer an employee. What to do legally?


Asked on 4/10/99, 10:37 am

1 Answer from Attorneys
Harold M. Weiner Coles & Weiner, P.C.

Re: Workplace Dismissal

Wow. I sure hope he has a union. There is nothing one can do in New York, an Employment at Will State, unless we abrogate that common law disease and no one seems to be interested in it in the Legislature.

If he can find who sent the libel or spoke the slander he has a year from the time it was done

to sue them in New York.

Aside from that, he is out of luck. His employer

can fire him for suspicion, lack of suspicion, or because it is raining outside. That is the beauty of employment at will.

Harold M. Weiner

Coles & Weiner, P.C.

342 MADISON AVENUE SUITE 1800


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Answered on 4/13/99, 4:28 am


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