Legal Question in Employment Law in New York
Was I wrongfully terminated
I answered an ad for a long standing company for an in house printer. The new owner of 4 years made me a great offer to run new equiptment he had bought. He gave me a written offer including any raises for 3 years to come.I was given the company brochures on the retirement plan.He told me of the plans for the new building and all the improvements they had planned. I left my job of 22 years to work for them. They kept me very busy printing their product, playing cards, all the while building inventory. After 22 months the owner called me in, told me he couldnt make a go of it , thanked me and terminated me.
They sold the press the county had given them a grant for and now, over a year later they are still selling the cards they had me pushing out, no overhead. To me, this was all obviously pre planned.I feel like an out and out bill of goods was sold to me when the job offer was made.Should I be entitled to any settlement of my salary? I certainly feel Im owed something. Thank you.
2 Answers from Attorneys
Re: Was I wrongfully terminated
You may have a case, I would like to review your written offer and other circumstances of your employment. You can contact me.
Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.
Re: Was I wrongfully terminated
It sounds as if you had a written contract with a term of employment of 3 years. I am not sure because of the way your question is phrased. If you did, you have several options depending on other factors you have not mentioned.
New York is an "at will" employment State. That means that unless you have a contract you can be terminated for any reason except discrimination
based on age, disability, race, religion or national origin. Federal and New York State Laws protect employees from termination on these grounds.
Also, it sounds as if the brochures you mention with regard to retirement benefits (assuming the written employment contract did exist) would give rise to a reasonable expectation that you would receive them. In the months you worked there did you inquire about them? What was the response? This could lead to a cause of action under the federal Erisa laws.
The fact that a grant was involved would also possibly bring your situation within the purview of one of these statutes.
I don't have enough facts to give you an answer,
but I would be happy to assist you further. You might also wish to contact the NY State Department of Human Rights or the EEOC. If the company had 4 or more employees start with NYSDHR, and they will forward your complaint to the EEOC if the company had 15 or more employees and a federal statute is involved.
You have 180 days to file a complaint with the EEOC. This is a complicated area of the law and even with all the facts, investigation is usually necessary
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