QUESTION
wrongful termination question. unfair labor practice.
Asked on Oct 27th, 2017 on Employment Contracts - New York
More details to this question:
I work as an assistant in a large publishing company, and several people were laid off yesterday. I am a sales assistant and I support 3 managers. I have always gotten great feedback from them, and in turn, have been given additional responsibilities. My problem is that they said my job was "eliminated" however, they hired someone last week to do the exact same job that I am doing. They asked me to train her in all aspects of my job. I think they broke the law because they laid me off instead of her. I have 1 and 1/2 yrs of experience. She was there for 2 weeks and still on probation. AND my job was not eliminated. I feel they should have given me the option of staying as I have been there longer and I am doing the exact same job.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
As a rule most jobs are staffed by people who are "at will" employees and in the absence of a contract can be hired and fired at the whim of their boss. However, if you were fired on the pretext of eliminating your job when in fact you were fired on the basis of your race, age, gender, sexual orientation, religion or nationality, that is discriminatory, illegal termination, and a violation of your civil rights. If that is the case, you may have an action against your former employer for illegal termination.
Answered on Oct 30th, 2017 at 5:55 PM