Brooklyn, NY asked in Contracts and Employment Discrimination for New York

Q: I was wrongly accused of something I didn’t do at work.

They suspended me for today because they claim they found new evidence, from yesterday but I wasn’t in the building the whole day. Monday I have a meeting with HR which I think is to fire me. I just want to know if I have a case bc I know for a fact they don’t have proof bc I wasn’t there when it happened

2 Lawyer Answers
V. Jonas Urba
V. Jonas Urba
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Biggest mistake employees have been making recently? They discuss the ongoing investigation with someone after being told not to do so. That's insubordination. It often results in termination.

Listen, take notes, ask questions and argue at your own risk; meaning dont argue. If you did nothing wrong you should recover unemployment unless you committed gross misconduct. That would include the above. Dont think because you were not there they have no evidence. They dont need any evidence. If you are non union no written contract and dont work for the government they need no reason at all to let you go.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You have no case unless you are really being discriminated on the basis of a protected class, like race, etc.

Unless you have a contract you are an at will employee can be fired for any reason, even speculation.

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