What to do if my company is trying to terminate me under policy violation that was given by the store manager?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my company is trying to terminate me under policy violation that was given by the store manager?

The company told the staff that I was terminated before they ever spoke with me. I found out when I turned in my letter of reginsation today. They also cut my hours down to 25 hours before they supspened me and I am a full-time employee. I over heard a conversation with my dm and store manager saying that i make to much money and that they could not afford me any longer. They are trying to elminate my position through LP so that they do not have to pay a severance package or unemployment. If I get fired for LP, I can never work retail again and that is my chosen profession. Can they do that?

Asked on January 16, 2013 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you do  not have an employment contract, you are an employee at will; an employee at will may be terminated at any time, for any reason. (Or could have his/her hours cut, even if he/she was considered a "full-time" employee.) There is also no law against telling other employees of a termination before the terminated employee. What you write about, therefore, appears to be legal.

Note that if the store claims you were fired for LP and you believe that is not true, if they tell anyone that, you may have a claim or case against them for defamation--for making an untrue statement of fact about you to third parties. Also, there is no central datebase or repository of the reasons why people were terminated, so it is not a given that this would come up in the first place on seeking new employment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption