Employment Law

One of the things a person must remember is in New York State, unless there is a contract or an agreement, you can be fired (terminated/let go) for almost reason at all.

No explanation is required, no notice is mandated by law. The same goes for anything else an employee might expect as being “fair.” Conversely, an employee is not mandated to quit in any particular fashion.

However, needing the Law Office of April-Leigh Horn could be something to consider in a number of termination circumstances. “Almost any reason” does not include illegal reasons, such as age discrimination, or being physically challenged in a way that does not inhibit job performance.

If you are applying for Unemployment Benefits, many companies for theoretical cost savings dispute every claim no matter how meritorious the former employer has been in job performance.

Case No 1.

A “Parts” Inspector at a factory quit because too many of the parts he declared defective were sent to customers, despite his finding of defects.

Superiors at the factory had overruled his findings and now they were disputing his claim for benefits. Since it was not for an illegal reason, the client was about to lose his case.  That is until an attorney, now of this office, asked the client what no one had asked, “What are these defective parts used for?” In a straight-forward manner the former inspector said, “Airplane brakes.” He was granted the benefits.

Case No.2

A young teacher, employed by a private preschool learning center, was terminated when her assistant claimed she had hurt a 4-year old boy. The company reported her to state child protective services. An investigation ensued.

The young woman’s prospects for ever becoming a full-fledged teacher in a public school system dimmed to almost total darkness. The same attorney in the above case sought an interview with investigators. Anything the client said could be used against her, so there is always a risk.

The investigation declared the complaint unfounded. The facts were this woman of average build bent over to help a little girl when the boy came up from behind her. In doing so the boy was knocked over.

It also was discovered this took place in an overcrowded and narrow portable building. The fact that the complaining witness now had the job of the young teacher/client put the credibility of the complaining witness into proper context.

Case No.3

Belonging to a Volunteer Fire Department or Ambulance Squad is considered employment. The importance of continued employment might have important economic rewards. “Pension” monies are now paid or accrued through Length of Service Programs which are meant to help recruitment and to retain members.

One client, an older volunteer, was put into a special category which was found to be discriminatory. Eventually, his attorney convinced the fire department of the error in their ways. The senior citizen received over $42,000 in unpaid benefits.

A dozen other members of long service also benefited by this intervention and the program continues to operate in a now, non-discriminatory manner.