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I was fired, but negotiated the exit to be a resignation, in…

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I was fired, but negotiated...
I was fired, but negotiated the exit to be a resignation, in return for a waiver for them etc. Can the employer now state I was fired?
Submitted: 7 months ago.Category: Employment Law
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Answered in 19 minutes by:
12/26/2017
Employment Lawyer: Blake, Lawyer replied 7 months ago
Blake
Blake, Lawyer
Category: Employment Law
Satisfied Customers: 107
Experience: Counsel at Warningstar Intelligence
Verified

Hello, I am a licensed attorney with JustAnswer and I will be happy to help you with this. Please keep in mind that this conversation is for informational purposes only and does not establish an attorney client relationship. Please wait one moment while I review this matter for you.

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Employment Lawyer: Blake, Lawyer replied 7 months ago

Are you asking this question on a hypothetical basis, or has your employer actually stated to someone that you were fired? If they have made such a statement, please describe who they made that statement to, and the reason that they made the statement.

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Customer reply replied 7 months ago
This is hypothetical. But as this is a NYC based company - what are the restrictions of what they can say? to my knowledge they have not may any such statements at this time, but I cannot be sure they would not, but I am assuming the signed agreement, as well as any NYC/NYS labor laws should minimize/negate their ability to do so...yes?
Employment Lawyer: Blake, Lawyer replied 7 months ago

Thank you for clarifying. Because you signed an agreement in which they agreed that you have resigned they would be in breach of that contract if they were to now treat you as if you had been fired. More importantly, however, the fact of the matter is that you have not been fired, you have resigned. So if anyone (including your ex-employer) makes any statement indicating that you were fired, then you would be able to recover any damages that statement causes you because it would be defamatory. You may sue for defamation if someone publishes or says anything false about you which causes you damages. Most companies avoid saying anything more about ex-employees than they have to because they do not want to cause any damages which they might be held liable for. If you find out that your ex-employer makes any statement that you were fired, then you should consult with a local personal injury attorney who is experienced with defamation lawsuits - most will give you a free consultation and will not charge you any fees unless they recover money for you.

So, in summary, there is nothing under the NY labor laws which forbid employers from speaking about employees. However, most are very cautious about what they say and unless you have reason to suspect your employer is planning on making defamatory statements about you, you probably have nothing to worry about. If you do suspect that your employer is making false statements about you, then you can contact a local attorney in order to sue them for damages, or at least send your employer a cease and desist letter.

I hope this helps put your mind at ease about this. I wish you all the best with this situation.

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