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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was terminated due to the actions of another employee. The

Customer Question

I was terminated due to the actions of another employee. The employee admitted to the administrator that it was his fault. But as the security manager at memorial sloan kettering cancer center they stated it was a lapse in judgment on my part. I later found out from HR that the real reason was performance. I have never had a performance issue in the 2-1/2 years at the hospital. I received excellent performance evaluations and raises. I received a letter of reference from two of the hospital administrators praising me for the excellent job that I have done. Do I have a cause to sue for either my job back or salary?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employment in the state of NY is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, or even true.

Since employers are not required to have a good reason to fire someone, the law does not require them to disclose the true reason for letting someone go. The law also does not prohibit an employer from placing blame for the actions of one employee onto another. An employer is only shooting themselves in the foot by terminating an employee with a good performance record for something that was not their fault, but it is up to them to run their business into the ground like this, which is ultimately what they'll do if they keep this sort of practice up.

Unfortunately, all this means that an employee in your circumstance would not typically have any legal recourse. Your sole remedy would generally be to apply for unemployment benefits and move forward in your search for new employment.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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