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
This is an unfortunate situation,
in terms of the unemployment benefits, if you were terminated without cause,
you would be entitled to unemployment benefits,
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,
if you feel the termination was based upon your protected civil right you can have a valid discrimination complaint.
If not the law allows the employer to terminate you without any valid reason.
is a "terminating" definition same as "laid off" ?
if you feel your age is the reason, you can file a discrimination complaint as well,
the reason he gave me was "lack of work"..
can he changed now that I was disciplinary terminated?
if he claims now that you violated some company policy, and try to deny you unemployment consider filing a defamation case as well
can he laid off the employee at any time giving "any" reason?
unless you are part of a Union,
or have a contract,
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) ?
if you are 40 years or older,
you can file an EEOC complaint for discrimination
Equal Employment Opportunity Commission (EEOC)Buffalo Local Office6 Fountain PlazaSuite 350Buffalo, NY 14202Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>
Equal Employment Opportunity Commission (EEOC)New York District Office33 Whitehall St.New York, NY 10004Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>
You can file it at your local office above
does it affect my unemployement? I am afraid he can denied it after I do some steps against
no, he can only deny you unemployment benefits, if he claims you violated some company policy, and that was the reason,
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
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?
that would be protected under the pregnancy discrimination laws,
and that could be a better discrimination complaint,
it is against the law to discriminate against an employee who was pregnant,
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"? ?
if he stated that to you,
you should state that to the unemployment office if they try to deny you benefits,
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?
that is good evidence, and would be enough for benefits,
I would file a discrimination complaint as well, if they did this after your maternity leave,
Do I have enough reasons to complain to EOC?
yes, the pregnancy discrimination would be best,
Thank You. You answer all my question.
Good luck, and if you have any further questions please do not hesitate to ask.
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