Q: Am I being unlawfully fired?
At my work we have a progressive discipline policy,, so I was recently moved from one manager to another, and a week after I was being questioned for fraternization, because I had a case with someone I knew, now there wasn’t any special treatment or anything, but during the meetings about this my manager disclosed to me that he never wanted me hired in the first place because of my prior felony conviction and he knew he couldn’t trust me, so he told me I need to resign or he was going to fire me, I have quarterly and annual reviews from my previous manager that are outstanding and have statements from my CEO and other coworkers saying how reliable and trustworthy I am. So I feel like I’m being given the option to resign so I can’t claim unlawful firing, when it’s clear my past is being held against me, they have a track record of using the progressive discipline, so the fact that he has no intention of using that and just fire me, seems discriminatory. And he does have final say
A: If you are not protected by contract, then you are an employee at will and can be fired. However, if you can prove that the overriding reason is that you are a felon, you may or may not have an action as the Executive Law may have been violated. Consult local counsel.
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