Employment Law

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Ive recently been fired and i feel as if i have a legitimate…

Customer Question
Ive recently been fired...

Ive recently been fired and i feel as if i have a legitimate case against the company and my former supervisor

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That part also is in question

Submitted: 6 months ago.Category: Employment Law
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12/20/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,366
Experience: Significant experience in all areas of employment law.
Verified

Good evening and welcome. I'm very sorry to hear you were let go. What specifically is your question regarding this matter?

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Customer reply replied 6 months ago
I was recently terminated from my employer and I believe there was unfair treatment and negligence involving supervisors and I would like to pursue legal action. I was working 6 days a week from 10:30pm-9:45am. They considered my employment type "part-time" as to not enroll me in benefits. Often the workload was stacked onto me while other employees had much less work. Also my supervisor falsified documents on behalf of the employees and I personally witnessed this when he called me in to change/falsify my hours. He also lied to his superiors regarding my "insubordination" that I had to rectify. There was often displays of unprofessionality all across the board. I'm 22 and unsure of how to go about seeking legal representation or if I even have a case here. Thank you for your time, I greatly appreciate any help I can get.
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you for the additional information....

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Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

It may come as a surprise, but most of what you have just described above is actually not illegal conduct. In general, 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, reasonable or even TRUE.

It is not illegal to be unfair unless the reason for such treatment is a legally protected trait, such as race, religion, or sexual orientation. It is also not illegal to keep an employee part time to avoid paying benefits.

Requiring you to falsify your hours could potentially be illegal if you were forced to put down fewer hours than you actually worked, thereby depriving you of earned wages. Moreover, it would be illegal for your employer to retaliate against you for refusing to do this. This is really the only thing you have described that potentially suggests grounds to pursue a claim against your employer, though. The rest of what you describe is extremely unprofessional and even unethical, but not against the law.

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Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 6 months ago
Well I am not so sure it wasnt a race issue. I work in a predominantly african american workplace and all my supervisors are in fact african american. I've seen racism on multiple occasions in this warehouse and even been called "Whitey" and "White Boy". The workload being stacked on me, I felt, was racially driven as well. I was employed by United Parcel Service and was the only "fair skin" employee in my section. Talking to other employees and even seeing how they were treated as opposed to how I was treated, There was definitely a different standard that I was being held to. Again thank you for your time
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you. Obviously this is new information and changes things substantially. If you believe you can prove that you were not have been terminated but for your race, then you have a claim for wrongful termination based on race and could pursue that claim by filing a complaint with the NY Division of Human Rights. See here.

The Division of Human Rights will investigate your claims of race discrimination and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue for race discrimination in civil court with the assistance of an attorney.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 6 months ago
also I forgot to mention, We were working 9-11 hour work days with only 1 15 minute break. I found that to be odd but I needed to position so I didnt bring it up with HR.
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Thank you. You can report your emploeyr's failure to provide adequate meal breaks to the NY Dept. of Labor to have that practice investigated and possibly to have penalties imposed against them. I hope this helps.

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Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Was there anything else I can do for you before we wrap up this evening?

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Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Are you still with me?

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Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago

Hello?

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