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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience:  Employment/Labor Law Litigation
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I was recently terminated at a local hospital where I worked

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I was recently terminated at a local hospital where I worked as a per diem floating medical secretary. I went to my team leader in the spring after being bullied over a complete misunderstanding by a bunch of MH therapists, I told her I did not want to work with them anymore. I was told by her they were disciplined for their actions. She did not put me on the schedule for 2 mos.; I was called back and worked. When merit raise time came I was not given a raise and was told because my performance review numbers were not high enough. In 2012, my numbers were lower and I got a raise. I started crying when my boss told me, I was told to lower my voice and go home. I told a co-worker I was not coming back to the job, she told the boss and I was terminated.

My question is what rights do I have as a per diem? I have never been formally disclinped for any reason (written up), never got into a conflict with a coworker, have been told on numerous occasions that my work was error free and that the mgmt. could trust me. I was never late, called in sick, insubordinate, etc. I worked per diem for 4 years basically 24-32 hrs. per week and they never hired me. I was told I was terminated because I was not available to work, I worked with another per diem secretary who took off every summer (peak time) and they never fired her. None of this makes sense and there is no paper trail.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Did you have an employment contract stating that you could only be terminated for cause?

Do you believe that the real motivation by the employer was discrimination due to your race, religion, gender, age, disability or FMLA use? If so, what gives you that suspicion?
Customer: replied 1 year ago.

No, there was no contract.


 


No, I do not believe it was discrimination. I believe it was because I stuck up for myself and because I am a bottle feeder they did not like it, I was viewed as reliable, knowledgble and cooperative, the first time I spoke up for being treated poorly, they attacked. This hospital had a reputation for doing this; early this year a union was voted in in a certain department for secretaries, nurses and technicians, it was voted in due to low pay and lack of respect, which is what happened to me. Also, they strung me along for 4 yrs as a per diem worker. Everything about what happened to me was unfair and unjust. Also, how can I collect unemployment if I was terminated in NYS.

Expert:  Allen M., Esq. replied 1 year ago.
Unfortunately, when you have no contract of employment, that means you are an "at will" employee in your state. You can legally be terminated at any time, with or without cause.

The only way to get around that "at will" status is if you the termination was based on discrimination, which you have stated it was not.

On those facts, that would make this termination legal. From what you've stated here, it certainly sounds like a bad situation with an employer that was not being particularly fair, but that doesn't make the situation illegal.

To file for unemployment, you just have to go to their filing website.

https://applications.labor.ny.gov/IndividualReg/?TYPE=3355443 3&REALMOID=06-b0d30d94-a224-104a-b476-839b26b50cb3&GUID=&SMAUTHREASON=0&METHOD=GET&SMAGENTNAME=$SM$6l%2bVjBZhJlSRMZIKrol4V5BFw35YQrjmQyRP1IXL%2fmslN92Is%2b6B3z9tNqeAvtep&TARGET=$SM$HTTPS%3a%2f%2fapplications.labor.ny.gov%2fIndividual%2f
Customer: replied 1 year ago.

Thank you I kind of thought that, can I qualify for unemployment for being treated unfairly?

Expert:  Allen M., Esq. replied 1 year ago.
You can qualify for unemployment based on being terminated. They didn't terminate you for misconduct.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience: Employment/Labor Law Litigation
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