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Best Course Of Action When Facing Termination

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Best Course Of Action When Facing Termination

Postby Braen » Tue Dec 06, 2016 4:55 pm

Hello Shirley,

I thought it prudent to check with someone experience with employment law. I am in New York State(Long Island, specifically). I believe I will be terminated in the very near future -- almost certainly this week. I believe some part of this is due to the housing market/finances, and part of this is due to some dissatisfaction on the part of the company with me. However, in my performance review in December, I was told I was "exactly the kind of employee they would want working here," but, by late February, there were concerns. However, rather than providing me with an opportunity to correct these concerns, the executive board just wanted me terminated. Only my boss' battle to keep me on has kept me here, although I suspect that may be running its course.

I don't know that I necessarily would want to(or even, would be able to) bring a lawsuit. More than anything, I would be interested in knowing 1) what the best course of action would be, should I be terminated(i.e., what types of things should I, and shouldn't I do) and 2) if I were terminated, and some sort of severance package were offered, what would be fair? I've been with the company nearly 4.5 years in the role as a corporate communications specialist(which, interestingly, is a position I created for myself, after working in the company's Marketing department for the first 2-2.5 years).

I know I've only give you a rough sketch of my situation; feel free to request anything else you need to know. Thanks for your help!

Chris Palermo
Braen
 
Posts: 33
Joined: Sat Feb 08, 2014 7:22 am

Best Course Of Action When Facing Termination

Postby Deion » Tue Dec 06, 2016 10:21 pm

There is very little you can due if terminated in the state of New York as New York is a Right to Work State and the employer has the ability to terminate at will. I will copy you with the laws from the New York code below.

Severance packages are not mandatory, but most companies have some sort of severance policy.  That would be at the discretion of the company, as it is not required. Our company gives a severance of two weeks for regular employees and 4 weeks to those in management positions. We also pay out all unused PTO time(vacation pay). What your company might choose to do for severance I have no way of knowing.

Here are the rules from your New York employment codes:

New York State is an "employment-at-will," state. Without a contract restricting termination(such as a collective bargaining agreement) an employer has the right to discharge an employee at any time for any reason. This also protects the employee's right to resign. An employer may fire an employee for "no reason" - or even for a reason that might seem arbitrary and unfair -- and the employee is equally free to quit at any time without being required to explain or defend that decision.

There are a few exceptions to "employment-at-will." The most significant of these are laws, enforced by the New York State Division of Human Rights, which prohibit discrimination based upon race, creed, national origin, age, handicap, gender, sexual orientation or marital status. For additional information about how the New York State Division of Human Rights proceeds against unlawful forms of discrimination, go to:

www.nysdhr.com.

Other exceptions to the doctrine of "employment-at-will" exist under § 201-d and § 215 of the New York State Labor Law. Section 201-d prohibits an employer from firing an employee for political or recreational activities outside of work, for legal use of consumable products outside of work, or for membership in a union. Section 215 prescribes that no employer shall penalize any employee for making a complaint to the employer, to the Commissioner of Labor, or to the Commissioner's representative, about any provision of the Labor Law. Violation of § 215, can bring a civil fine and separate civil action by the employee. To obtain the text of these statutes, go to:http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

I hope that helps a little, you can check the information found at the sites referenced above.

Shirley
Deion
 
Posts: 48
Joined: Mon Apr 07, 2014 6:12 pm

Best Course Of Action When Facing Termination

Postby Cesar » Wed Dec 07, 2016 11:13 am

Hello Shirley,

I thought it prudent to check with someone experience with employment law. I am in New York State(Long Island, specifically). I believe I will be terminated in the very near future -- almost certainly this week. I believe some part of this is due to the housing market/finances, and part of this is due to some dissatisfaction on the part of the company with me. However, in my performance review in December, I was told I was "exactly the kind of employee they would want working here," but, by late February, there were concerns. However, rather than providing me with an opportunity to correct these concerns, the executive board just wanted me terminated. Only my boss' battle to keep me on has kept me here, although I suspect that may be running its course.

I don't know that I necessarily would want to(or even, would be able to) bring a lawsuit. More than anything, I would be interested in knowing 1) what the best course of action would be, should I be terminated(i.e., what types of things should I, and shouldn't I do) and 2) if I were terminated, and some sort of severance package were offered, what would be fair? I've been with the company nearly 4.5 years in the role as a corporate communications specialist(which, interestingly, is a position I created for myself, after working in the company's Marketing department for the first 2-2.5 years).

I know I've only give you a rough sketch of my situation; feel free to request anything else you need to know. Thanks for your help!

Chris Palermo
Cesar
 
Posts: 48
Joined: Sat Jan 04, 2014 4:43 am


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