Glen Cove, NY asked in Employment Law for New York

Q: When I told her employer about the family leave act that we would qualify for she fired us is this legal

We’ve been with her for 16 years there was no reason to fire us other than the fact she didn’t want to use the insurance

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Maybe. Employment law cases all pivot on facts and timing. Chatting would be a waste of time for employment lawyers. It's much easier to spend 10 or 15 or even 30 minutes on the phone to determine whether there's a potential claim.

You know what the biggest mistake employees make? They dont realize that even if they have a slam dunk case employers rarely pay immediately. Their defense lawyers will get involved and in New York nothing legal happens quickly.

Collect unemployment first. If you cant do that in New York or are denied then something bad happened. You have to collect unemployment because how will you prove discrimination if you did something equivalent to gross misconduct which is almost the only way not to collect unemployment in NY? Almost everyone gets unemployment here unless their actions were very very bad.

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