Brooklyn, NY asked in Employment Law for New York

Q: The HRA of NYC is trying to terminate me because of my past convictions can I get a temporarily injunction

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2 Lawyer Answers

John J. P. Howley

Answered
  • New York, NY
  • Licensed in New York

A: It is possible (but very difficult) to obtain a temporary injunction in an employment termination case. You must present evidence that: (1) you will likely win the lawsuit; (2) that you will suffer "irreparable harm" if you are terminated; and (3) the equities are balanced in your favor. A lot will depend on the facts of your case, including whether you are a union member, whether HRA has other grounds to terminate you, etc.

The most difficult part is proving "irreparable harm." You will have to prove that money damages will not cure the harm caused by your termination. If your only harm is lost wages, then money damages will be sufficient. You must prove that you will suffer other types of harm that cannot be addressed by an award of money at the end of the case.

If you do win a temporary injunction, you may be required to post a bond. If it turns out that you should not have received injunctive relief, HRA will be able to collect damages against you.

This is not something you should try to handle on your own. Consult with an experienced labor and employment lawyer.

Ali Shahrestani, Esq.

PREMIUM
Answered
  • San Francisco, CA
  • Licensed in New York

A: The basis of your complaint is key. Did you lie about past convictions in your original employment application? Are there allegations that the convictions are in any way related to your ability to do your job? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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