New York, NY asked in Employment Law and Employment Discrimination for New York

Q: Hello. My husband received last warning from manager, and was told that after that he will be fired. We believe that

It's wrong, because he worked a lot of overtime that company forse him to do and a lot of time set him up. What should he do?

2 Lawyer Answers
Michael Diederich Jr.
Michael Diederich Jr.
Answered
  • Employment Law Lawyer
  • Stony Point, NY
  • Licensed in New York

A: You do not state the reason for the warning. If it was poor performance, that is a basis for job termination.

Overtime is (presumably) a separate issue here. Is your husband an hourly or salaried employee? If properly classified as an hourly employee, then he has certain rights (including the right to be paid a "time and a half" rate for all overtime work).

If he believes illegality may be afoot, or that he faces potential job termination, he should consult with a competent employment lawyer (many of whom will offer a free telephone consultation) so that he can possibly avoid being fired and, if needed, protect his legal rights.

Tim Akpinar agrees with this answer

V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: Michael is correct.

"At will" employees, those without unions to protect them or private contracts or who work for the government have little if no protection. Your husband likely needs to follow the Master Servant Doctrine, which is Common Law and applicable in New York. If the employer directs some activity which is not illegal, the employee must follow their Master's (the employer's) directives.

An important point to consider is that if your husband is already on notice that he could lose his job for misconduct, and were he to continue doing or not doing what an employer objects to, your husband's acts could amount to gross misconduct and, were he fired, such conduct might result in his denial of unemployment benefits.

Many of us speak with potential clients on the phone no charge. Why charge for quick suggestions when a potential client does not sound like they have facts to support a challenge? He should call many employment lawyers if he still has questions. Good luck.

Tim Akpinar agrees with this answer

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