What to due about a possible wrongful termination?
Question Details:
I work for a big company as a RN. My last work day was on the 25th. On the 26th, my day off, I went to a doctor and she did a procedure. I called out sick the next day and the next 3 days. Today HR informed me that I was terminated on the 27th (the first day I called out). Is it legal? If not, what should I do?
Employment and Labor Law Answers
Were you employed pursuant to an employemnt contract or agreement? This is the significant fact that you have left out. Also, if you were not, did discrimination play arole in the termination? What are your prior evaluations? Employment cases are hard to size up on the internet. I encourage you to consult a lawyer. Good luck.
siegelandsiegel.com
212-721-5300
New York is an employment at will state. This means that the employer can fire you for any reason without being subject to wrongful termination. This is esxcept in the case where you have an employment contract, are in a union or are terminated for a discriminatory reason. The issue in your case is whether or not you are in a union. If you are, you probably have rights under your union contract and you should contract representative. If you have a private emplotment contract, you need to review the contract to see what the grounds are for dismissal. If neither applies, and you were not fired for a discriminatory reason (race, gender, age), then unfortunately you may be out of luck. If you are make sure you are properly paid your unused sick days and other benefits you may have had.
Related Employment and Labor Questions
- What is “wrongful termination” and what can I do if I've been wrongfully terminated?
- My working conditions were intolerable so I quit. Can I challenge my job loss as if I was fired?
- I was fired because I refused to do something illegal. Do I have a right to sue my employer?
- What is "wrongful termination in violation of public policy?"
- Merchant Seaman Awarded $25M In Wrongful Termination Lawsuit
Didn't find your answer? Ask.
Top Ranking Attorneys
- Kevin Bessant426 Answers|Points 5550Gold Contributor
- Madan Ahluwalia104 Answers|Points 1900Silver Contributor
- Kenneth Berger33 Answers|Points 1630Bronze Contributor
- Hong Shen528 Answers|Points 800Platinum Contributor
- Harun Kazmi59 Answers|Points 790Bronze Contributor
- Barry J. Simon16 Answers|Points 690Bronze Contributor
- Hong Shen528 Answers|Points 26400Platinum Contributor
- Kevin Bessant426 Answers|Points 21280Gold Contributor
- Steven Fromm113 Answers|Points 5430Silver Contributor
- Madan Ahluwalia104 Answers|Points 5170Silver Contributor
- Kelly Broadbent93 Answers|Points 4600Silver Contributor
- Glenn M. Lyon, Esq.93 Answers|Points 4530Silver Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here