Wrongful Termination Legal Questions

So employment in most states is at Will meaning you can be terminated for any reason or no reason as well as your privilege to separate for any reason or no reason from your employer. However, when it becomes illegal is when you are terminated based upon a civil rights violation. This would be for example like racial discrimination, gender discrimination, disability discrimination, color of skin discrimination, ethnic discrimination, religious discrimination, etc. If you feel that the motivating factor in your termination was due to a violation of your civil rights, then you should discuss your case with an employment lawyer for specific advice.     ... Read More

Depending on the particular facts, you may have a cause of action against your ex-employer for, among other claims, firing you in retaliation for you exercising your right to request FMLA leave.  Today, you should call an experienced New York City Wrongful Termination Lawyer about your matter.... Read More

Many employers have a "no call, no show" policy.  Such policy typically provides that the employer will fire an employee who does not show up for a scheduled shift and doesn't let someone at the cmopany know they won't be coming to work.When the hospital "gave [you] a few days off," it was incumbent on you to take that medical recommendation to your supervisor or HR department promptly.  The hospital is not allowed to communicate directly with your employer about your health care.  If you gave the medical recommendation to your employer prior to missing any shifts, you may have a claim for wrongful termination in retaliation for making a workers' compensation claim.  Normally, you would be entitled to TIBs (temporary income benefits) if your work-related injury caused you to miss more than seven days of work.  You should contact an attorney who handles both workers' compensation and employment law in or near the county where you live to help you address these issues with Tesla.... Read More

It's worth a private consultation but any lawyer will need more specifics to be of any assistance.  I see at least 3 topics to discuss, specifically whether: (i) the employer has a basis to oppose unemployment for misconduct; (ii) the employer's on-site substance abuse testing was lawful; and (iii) there is any basis to infer your termination was discriminatory or retaliatory as opposed to a lawful exercise of at-will termination rights. ... Read More

COVID is a very serious virus and as a country we might have a false sense of normalcy when that is not reality. My dentist attended a wedding and came down with a bad sinus infection. When other wedding party family called her with similar illnesses they all got tested and most of them had COVID. All vaccinated and one became very ill. So this is not over. Schools are potential incubators for mass outbreaks. They are apparently sending you a message that ill employees should stay home and always get tested after any illness. I think any of us who become ill and want to return to indoor workplaces will get tested following illnesses for years to come. The new reality. You should discuss the matter with a union attorney. That's why they represent you in exchange for paying union dues. Private lawyers will likiely charge thousands to represent you at a hearing with NO guarantees. If your union believes this may be a terminable offense that might be the case with private counsel or a union attorney. Any lawyer who advises you should: 1) Carefully review your union contract and all policies, procedures, handbooks, and documents governing your employment. 2) Carefully review your entire personnel file which may be FOIL requested by you or anyone else. If you don't have a complete copy this may be the time to request it because any disciplinary decisions will be made on anything and likely everything in that file. You will definitely not want to ever return to work in the future after any illness without a test or doctor's visit showing that you are clear. 3) All COVID protocols and policies especially the Tuesday testing one to determine whether you complied with those. 4) Any other memos, postings, prophylactic policies, state or federal mandates, DOE requirements, etc... associated with COVID. 5) DOE licensure or certification requirements. Depending on your own credentials you may want to investigate whether you violated any laws protecting the vulnerable. Children and elders are specially covered by the Justice Center and other agencies so make sure, maybe through your union, that your licensure or certifications will not be affected and hire private counsel if there is any potential issue there.  ... Read More

Highly unlikely.  You would have to prove a constructive firing. This is not a good start to a case if you have to ask this question. However, you mention an employment contract so this is encouraging. In order to properly answer this question, I think you should consult with an attorney that deals with employment law. My partner handles these matters frequently and we would be happy to hear from you, should you require further assistance.... Read More

OK so if your colleague or coworker has been sexually harassing you, you must first report this to the management so that they can separate the two of you and hopefully discipline the person that was sexually harassing you. If the conduct continues after you have reported it to the management in your company, then you have a right to file an EEOC charge so that the equal employment opportunity commission can get involved and get an investigation underway. Once they have investigated your case, they usually give you a right to sue letter within six months. It is at that point that you can retain counsel to file a lawsuit. Most of us take these cases on contingency fee, which means that you don't pay anything unless you win. But first you have to exhaust your administrative remedies. If you have reported this conduct to management, make sure that you're reporting it to the right people. Usually it's human resources department that is identified in the employee handbook and Keep records of the complaint for proof. Now if the person has sexually assaulted you as opposed to sexual harassment, then you should maybe think about reporting this to the police department because sexual assault is a crime. Where there is touching and sexual battery involved.... Read More

Many law firms use land lines instead of cell phones and thus it might not be receiving your text.  Try emailing and calling.  If that doesn't work, try reaching out to the receptionist or one of the secretaries at the law firm or one of the other attorneys there or perhaps stop by in person and ask to speak to the attorney.  Maybe try sending a letter too.  As a last resort, you could contact the bar association.     ... Read More