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Not yet i will be laid off/fired officially at my last day 1/12

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I have reimburesement of 5k that verbally agree but they are not responding anymore i got fired because i normally asked my boss permission before using my own credit card but for the first time

Submitted: 6 months ago.Category: Employment Law
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1/7/2018
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,473
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 6 months ago
Ok
Customer reply replied 6 months ago
Are you there?
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hello, I am here. What questions did you have for me regarding your situation?

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Customer reply replied 6 months ago
What’s my legal rights here in nyc
Customer reply replied 6 months ago
If any
Customer reply replied 6 months ago
I feel that I was fired for the wrong reason, not waking my boss in the morning or I misunderstood his orders that morning due I have a depression attack
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

This appears to be a classic breach of contract if they promised to reimburse you, but never did and instead terminated you. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, including the reimbursement of your funds. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 6 months ago
He was so angry that his VP was also suprise like me
Customer reply replied 6 months ago
Can I contest why he fired me
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Perhaps. It depends on the nature of your employment agreement. Did your employment agreement specify any specific reasons why you could be terminated?

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Customer reply replied 6 months ago
Well this expenses was due to the verbal agreement
Customer reply replied 6 months ago
For some are expenses that is related to his dog
Customer reply replied 6 months ago
At will I can be terminated
Customer reply replied 6 months ago
Or mutual
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I apologize, but I think I may need some more details on this situation. So, you were owed reimbursement, you've been contacting your employer about this, but they haven't responded to you.

In addition, they terminated you because you used a credit card without first obtaining permission.

You're wondering what your rights are with the reimbursement and what your rights are with the termination, correct?

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Ok, thank you for clarifying.

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Customer reply replied 6 months ago
The VP said I was terminated for others reasons that wasn’t communicated to me directly . My boss or owner keep insulting me saying what’s wrong with my mind that he knows that I have depression
Customer reply replied 6 months ago
Sorry My English is not spot on
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

So, if they owed you money, and they have no legal basis to keep it, then that's a breach of contract. If you scroll up, you'll see what i put about that in more detail.

As far as the termination, you may not have much recourse, unfortunately. NY is an at-will employment state meaning that they can terminate you for any reason, or no reason at all, so long as it is not based on your being in some protected class like your race, disability, gender, or sexual orientation, for example.

Thus, you may not have much recourse there; however, your $5,000 can be returned and a court would likely find in your favor.

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Customer reply replied 6 months ago
I have know depression that I have been dealing that my boss knows
Customer reply replied 6 months ago
The meds slows me down
Customer reply replied 6 months ago
He knows that
Customer reply replied 6 months ago
Also he likes me I think and he occasionally show a gay website
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see. If you have reason to believe they terminated you because of your depression, then this to me sounds like you would have a case of employment discrimination which is prohibited under state and federal law under the Americans with Disabilities Act. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me regarding this?

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Customer reply replied 6 months ago
within 45 days of what the email or my final day
i have been trying to contact my boss but he doesn't want to asnwer the phone how to address the reason the day when iwas fired if there any . links
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

My apologies. The 45 days is for federal employees. You have 300 days to file the complaint from the date of the allegedly discriminatory action.

Even if your boss doesn't answer the phone, he'll have to answer to the EEOC if they are investigating a concern on the matter.

Did you have any other questions for me regarding this?

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Customer reply replied 6 months ago
how to file a case
do i need my pyschatrist
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

You would start by contacting your local Equal Employment Opportunity Office. Having reports from your doctor may come in handy as it may go to help prove your case.

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Customer reply replied 6 months ago
how do i search for local employment opportunity office in nyc
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

You can click here to find their contact information.

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Customer reply replied 6 months ago
can you please help me up how to make case true and strong as possible
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I wish I could, but unfortunately, because I'm not licensed in your state, I can't represent you.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. Here is the link for the New York State LRS - click here.

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Customer reply replied 6 months ago
what are my strong casess on my depression because i already told the VP i had depression and my boss/owner he knows also but he knows that i am seeking professional medical help
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Oh, I wish I could help you with the specifics, but without seeing any documentation, without interviewing any witnesses, without understanding the extent of your mental health, and without the ability to represent you, I couldn't tell you much more than what I have. I'm very sorry.

My recommendation would be to create a timeline of events and do your best to try to connect their discrimination to your termination. You may not be able to prove with 100% conclusive evidence, but that's not required of you anyway.

Did you have any other questions about this for me?

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Customer reply replied 6 months ago
should i contact the EEOO or HR about my case
Customer reply replied 6 months ago
EEOO first to get some advice
how to deal with the HR
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I would always recommend handling things informally first. So, go to HR first and explain to them what you need. This will prevent unnecessary litigation.

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
what is your advice how to deal with EEO as far as step by steps
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

My best advice is to follow the advice of the EEOC. They're experts in this process and will provide you all of the necessary resources. My best recommendation would be to just have your documentation in order in advance so it's easier for them to conduct an investigation.

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Customer reply replied 6 months ago
there was a time he told me and the HR was laughing to jump off the window and hear the loud sound of bang of the pavement
i just suck it up but this definately affected meFOR EXAMPLE ^^^^
Customer reply replied 6 months ago
This happened in front of the entire office
Customer reply replied 6 months ago
my boss and HR jokes afterwards occassionaly
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I think those are things that you should document to help prove that they engaged in discrimination on the basis of your disability.

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
the mere fact the death is not joke knowing that i have depression and they still joke openly in front of the employees
Customer reply replied 6 months ago
what else
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Unfortunately, I won't be able to walk you through all of the possible things that could help you prove your case. I don't have nearly enough information to prepare something like that and it would be much easier and more wise to have someone who is representing you do such a thing. Plus, because our conversations are not confidential, your employer could potentially Google this conversation and use it against you. Speaking with an NY licensed attorney, in private, and providing them documentation is going to be critical at this juncture.

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
where i can read more about EEOO on depres
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

You can go to www.findlaw.com. It's a free resource to find cases and statutes regarding your situation specifically.

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
how does this conversation will appear on google?
Customer reply replied 6 months ago
with my full name
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

It won't appear with your name . Your personal information is protected by the site. What I mean is that because our conversations are not protected by the attorney-client privilege, your employer, or someone your employer knows, could end up running across this conversation. It's highly improbable, but it probably wouldn't take them very long to connect it to you, even though they could never find out for sure. All I'm saying is have the specific conversation of how you plan on doing this with a private attorney behind closed doors.

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Customer reply replied 6 months ago
well i have little choice right now until i have to findout my rights in EEOO and how to deal with my slowness due to depression and side effects of the mediciine
Customer reply replied 6 months ago
should the EEOO provide me with a lawyer to fight this discrimination due to medical depression
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

The EEOC won't give you a lawyer; however, if you check your lawyer referral service, you can find an employment and labor attorney who may be able to assist you with this. The EEOC will conduct an investigation to determine whether your case has any merit, but whether you hire representation or pursue it further is up to you.

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
do you think that i have strong case because due to my unemployment nearing that i don't want to spend unnessary expesnse
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand. I think that you have a good case based on what you told me. Also, many labor and employment attorneys work on contingency. This means that they will usually only get paid if they are successful in your case.

I'm very sorry about your situation, but I think if you take the steps I recommended, then you can get some justice.

Was there anything else I can help you with today?

Ask Your Own Employment Law Question
Customer reply replied 6 months ago
where should i contact the OOC and lawyers since OFFICIALLY this company is base in NJ but i am living and working in the branch office in NYC
Customer reply replied 6 months ago
how is the contigency works
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

You don't pay unless they win or settle the case. They will take a percentage of your recovery, usually 33%.

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Customer reply replied 6 months ago
good to know
where should i get the lawyer here in NYC or NJ where the company is legally base
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

If the company is in NJ, my recommendation is to have an attorney in NJ.

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Customer reply replied 6 months ago
should i start building up and saving up the casses and emails that is related to this case
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

It could help, but only if you are looking to represent yourself. Looking up some stuff in advance may save your lawyer some time when they do some research on the issue.

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Customer reply replied 6 months ago
what are the KEY points that i should look and address to the lawyer?
Customer reply replied 6 months ago
hi are you still there ^^^
how can i print out this chat?
Customer reply replied 6 months ago
do you have examples how to do a timeline
Customer reply replied 6 months ago
hello?
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Hi, I don't know if I can provide any further assistance. I'm concerned that your expectations about our chat exceed what's realistic or necessary. I've provided the law, links to helpful sites, and my legal opinion, so if you need additional assistance, you'll have to look elsewhere. I'll opt out of this discussion so another expert may help. Don't provide a rating because the question cant be picked up by other experts if that is the case.
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Customer reply replied 6 months ago
OK thanks. i am just new in this kind of system also that i might be all over the place
Customer reply replied 6 months ago
how does this think work, should i wait again
Employment Lawyer: Asad Rahman, Lawyer replied 6 months ago
Asad Rahman
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Category: Employment Law
Satisfied Customers: 2,527
Experience: Practicing Attorney with 10 years experience
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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