I was fired andI think its not justified what shouldI do?

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I was fired andI think its not justified what shouldI do?

I work for a cleaning agency and I got a letter from my boss saying the I was terminated do to poor performance. He never told me that he was not happy with my work and didn’t give me enough time I think. I got the letter last week saying that my job ended the next day and not only that, he hasn’t paid me for 3 weeks and 1 week vacation that’s is supposed to be paid. I continued working for him knowing he was short and late every week but he promised to pay. What can I do?

Asked on December 6, 2011 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Two very different issues here:

1) It doesn't matter if you don't feel that the termination was justified, unfortunately. If you did not have an employment contract, you were an employee at will, and an employee at will may be fired at any time, for any reason, even unfair ones, without any prior notice or warning.

2) However, you have to be paid for all work done. If you have not been paid for 3 weeks work, or a for week of vacation which the employer had agreed to pay as part of your employment, you could sue him to recover the money. One option is to sue in small claims court, where you could act as your own attorney and avoid legal fees. Good luck.


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