QUESTION

An I sue for wrongful termination?

Asked on Sep 12th, 2020 on Wrongful Termination - New York
More details to this question:
I was on camera with my hands around a youths neck area, my coworker made a mandate report and said that I was choking the youth which I wasn’t. The youth through investigation stated that I did not choke him. I was put on leave then terminated. After the investigation it was founded that I did not choke the youth but I was terminated anyway.
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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Before you touched the youth you did not know whether the youth would find your touching them offensive. Rephrased, the youth did not ask you to touch them around their neck area. None of us knows what another person may or may not find offensive. And offensiveness is not defined by what you or I may find offensive. Therefore, no employee should ever touch anyone else at work unless that employee is saving the other person's life with CPR or protecting them from some obvious, imminent danger. Otherwise, touching another for any reason is completely illegal in any workplace; especially in New York. Also, an employer can make a mistake when terminating an employee. The most frequent mistake I hear about is stealing. An employer reasonably believes that an employee stole goods, embezzled monies, took tips, removed monies from registers, etc... That list goes on. Then after termination, the employer realizes that it made a mistake. That's perfectly legal. The employee might still, in some circumstances recover unemployment benefits, but they very rarely are reinstated to their jobs. No employer is perfect. Employees need to make sure they do not place themselves in situations where employers need to make judgment calls which turn out to be wrong.
Answered on Sep 17th, 2020 at 8:03 AM

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