Employment Law

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I was recently fired from my job. Before getting fired I…

Customer Question
Hi. I was recently...

Hi. I was recently fired from my job. Before getting fired I heard from other employees that I would be fired. Is it possible to sue the company for confidentiality issue?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

HR was in the room when I was fired

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I'm sorry what do you by at will I do not belong to a union

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

No thats it thank you

Submitted: 29 days ago.Category: Employment Law
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Answered in 1 minute by:
3/26/2018
Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,314
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. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 29 days ago
go ahead. I understand.
Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago

I'm sorry to hear about your situation.

I’m sorry to hear about your situation. I have dealt with some terrible co-workers, managers, and subordinates in my time. It’s one of the reasons I decided to become self-employed is because I just couldn't take it anymore.

Nonetheless, it’s important to analyze the law in this situation. Harassment/retaliation/discrimination is against the law; however, employment law only makes it against the law if the basis of these actions by the employer are based on your race, gender, age, religious affiliation, sexual orientation, or disability. Employment law doesn’t necessarily cover people who act like jerks. In some states, contract law may help if an employer doesn’t act in good faith. Under the Uniform Commercial Code, any party to any agreement (including employment agreements) has to act in good faith with one another. The failure to do so could be a breach of contract. It’s one of the possible legal solutions, but not always the most practical one. So, unless there was a confidentiality clause in your agreement, there may not be anything there.

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Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago

The one thing that you could do is keep a lawsuit in your back pocket. What I mean by this is if the issues continue, then you may want to consider a lawsuit for intentional infliction of emotional distress. IIED means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for the damages that occurred (e.g. therapist bills, lost wages, medications, etc.). You would have to prove that you suffered damages, but employees have used this tactic when employers have done the same things yours has.

Ultimately, the options are limited because of the rights of the employer and you have the right to get unemployment benefits unless it was for gross misconduct.

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

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Customer reply replied 29 days ago
with out emotional distress there is no potential law suit. I reside in NY. I figured hearing it from my coworkers before a manager would be a breach of contract or an issue with releasing personal information
Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago

Are you aware whether your employment agreement had a clause regarding maintaining confidentiality in these situations?

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Customer reply replied 29 days ago
I am sorry I do not know. I worked for NY E- Commerce
Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago

No problem. So, if there was, then there's a cause of action. Otherwise, your emotional distress cause of action is going to be your best bet. I'm super sorry.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 29 days ago
thats it thank you
Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago

You bet. Don't forget about applying for unemployment. Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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