Newburgh, NY asked in Employment Law for New York

Q: looking for a lawyer to help me fight a wrongfully termination.

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2 Lawyer Answers

John J. P. Howley

  • New York, NY
  • Licensed in New York

A: In order to help you, I would need to know why you believe the termination was wrongful. New York is an "employment at will" state. This means that you may be fired at any time for no reason. A termination is wrongful only if: (a) you are protected by an employment contract that requires a valid reason or that the employer follow a process before firing you; (b) you are a union member and its collective bargaining agreement requires a valid reason or that the employer follow a process before firing you; or (c) you were fired for an illegal reason such as your race, religion, gender, national origin, etc.

V. Jonas Urba

  • Tarrytown, NY
  • Licensed in New York

A: Apply for and win unemployment benefits, if you qualify for them, and are able to recover them with no misrepresentation to the Department of Labor (do not have others apply for you, go on vacation, leave the country, which claimants have improperly done). You almost have to try not to recover unemployment in New York. The people who do not have usually committed gross misconduct, they resigned rather than were fired, or they misrepresented some fact during the application for benefits process.

Hopefully you will recover unemployment benefits, assuming you qualify. Retain legal counsel if you have any doubts about doing so.

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