More details to this question:
I was put on paid suspension on Tuesday 7/3. The following week I had approved vacation. I came back from vacation with a letter in the mail stating I was terminated from employment due to work related violence, which is not true. I am now being told by Corporate HR that I am not entitled any vacation pay or any other payment. How can I clear my name of these false allegations and get my approved time compensated?
2 ANSWERS
Have you applied for unemployment benefits? New York State is very lenient regarding the award of such benefits as long as claimants are candid and truthful when they apply and during administrative hearings. You should retain legal counsel to make sure you recover unemployment benefits. Witnesses will testify and an administrative law judge will determine the credibility or trustworthiness of each witness. They are generally very good at doing that. They must believe you and you need to disprove, usually by vigorous cross examination, that the other side is not telling the truth. That's why, in your case, retaining legal counsel should help. If they determine that job loss was your fault, after that process, that would be bad.
What documents (employee handbooks, emails of past practices, etc...) do you have which state that you are entitled to vacation pay? Everyone is entitled to be paid for all the hours they work, including overtime. If you have not been paid contact the Department of Labor. Good luck.
Answered on Jul 18th, 2018 at 9:02 AM
1 Award
These are different issues. Unless a contract prevents it, you can be fired for any reason. If you believe you have been slandered, you can sue whoever did it, but recovery is hard.
Answered on Jul 17th, 2018 at 10:02 AM