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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15873
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I have been laid off a week ago for a reason lack of work.

Resolved Question:

I have been laid off a week ago for a reason lack of work. With no notice, over the phone. The manager told me I can collect my unemployment , so I registered at NY Department of Labour. Still his decision was unexpected, so I question the other manager/owner of the business how it could happened if I ve been working 40 hrs a week, for 18 months and they hired 3 new employee after me. I work at the hotel as a receptionist, front desk, beside me there was only three receptionist and manager working 24/7h front desk. The last employee was hired about 2 weeks before I got laid off , and I was training him. when he finished his training, I got laid off. WHen I question my manager about it, he said I should appreciate , I didn't got terminated, and he can change his decision at any time and I can be terminated he may denied my enemployment at any time. I am 41 years old. May salary was higher than new hired people who took over my place. I lost my job in one day and now he threating me I can lost my unemployment. Can he do it? Was it legal they lay me off in this way? Thanks...
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

in terms of the unemployment benefits, if you were terminated without cause,

wallstreetfighter :

you would be entitled to unemployment benefits,

wallstreetfighter :

NY allows an employer to terminate any employee for any reason, except if it is due to an employees race, gender, age or other protected civil right,

wallstreetfighter :

if you feel the termination was based upon your protected civil right you can have a valid discrimination complaint.

wallstreetfighter :

If not the law allows the employer to terminate you without any valid reason.

Customer:

is a "terminating" definition same as "laid off" ?

wallstreetfighter :

yes,

wallstreetfighter :

if you feel your age is the reason, you can file a discrimination complaint as well,

Customer:

the reason he gave me was "lack of work"..

Customer:

can he changed now that I was disciplinary terminated?

wallstreetfighter :

no,

wallstreetfighter :

if he claims now that you violated some company policy, and try to deny you unemployment consider filing a defamation case as well

Customer:

can he laid off the employee at any time giving "any" reason?

wallstreetfighter :

yes

wallstreetfighter :

unless you are part of a Union,

wallstreetfighter :

or have a contract,

Customer:

can I complain it as a discrimination? I am 41 y/0 and all the employees hired after me are20-25 y/o. Can he laid me off because he can get people work for him for less money ( minimum wage) ?

wallstreetfighter :

yes,

wallstreetfighter :

if you are 40 years or older,

wallstreetfighter :

you can file an EEOC complaint for discrimination

wallstreetfighter :

Equal Employment Opportunity Commission (EEOC)
Buffalo Local Office
6 Fountain Plaza
Suite 350
Buffalo, NY 14202
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

Equal Employment Opportunity Commission (EEOC)
New York District Office
33 Whitehall St.
New York, NY 10004
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

You can file it at your local office above

Customer:

does it affect my unemployement? I am afraid he can denied it after I do some steps against

wallstreetfighter :

no, he can only deny you unemployment benefits, if he claims you violated some company policy, and that was the reason,

wallstreetfighter :

If you file an EEOC complaint, that could help you obtain benefits, as you can claim the termination was due to your age not any violation of policy

Customer:

My last question. : For the same employer: 7 weeks ago I had a baby and I've been on maternity leave for 7 weeks . Before having a baby I work full time. After maternity leave, They cut off my hours to part time. Could he do it?

wallstreetfighter :

no,

wallstreetfighter :

that would be protected under the pregnancy discrimination laws,

wallstreetfighter :

and that could be a better discrimination complaint,

wallstreetfighter :

it is against the law to discriminate against an employee who was pregnant,

Customer:

You said he can only denied my benefits if he claims I violated some company policy. Even after he gave a reason already "lack of work"? ?

wallstreetfighter :

if he stated that to you,

wallstreetfighter :

you should state that to the unemployment office if they try to deny you benefits,

Customer:

After he stated this to me, I ask him to write me a letter t=stating my last day of work, day of laid off and the REASON lack of work. Is this enough I should not worry about him changing his "decision" so I can loose my benefits?

wallstreetfighter :

that is good evidence, and would be enough for benefits,

wallstreetfighter :

I would file a discrimination complaint as well, if they did this after your maternity leave,

Customer:

Do I have enough reasons to complain to EOC?

wallstreetfighter :

yes, the pregnancy discrimination would be best,

Customer:

Thank You. You answer all my question.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

thank you.

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

yes,i will.

wallstreetfighter :

thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15873
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 2 other Employment Law Specialists are ready to help you

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