Here's my situation:
I work as a secretary for a law firm in New York. I am paid a salary. For the past several months, I have been required to take care of more personal business of individual attorneys including running errands. These tasks require me to work outside my typical schedule, often into evenings. Frustrated, I sent an angry email to other secretaries about the situation to see if they were also required to do such work. I used several swear words in the email. One of my bosses discovered the email. I was fired a few days later.
Do I have the right to sue??
2007-11-03 10:44:57 · 6 answers · asked by Eric A 1 in Politics & Government ➔ Law & Ethics
The actions you describe were inappropriate and unprofessional. Those are generally reasonable cause for dismissal.
In addition, "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." (http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm#14 )
2007-11-03 10:50:20 · answer #1 · answered by Anonymous · 2⤊ 0⤋
No, I don't think so. People don't sue employers for getting fired where I live. I guess they call it a "right to work" state. You can quit at any time for any or no reason. They can fire you just the same. For that reason, there aren't very many unions here either. Face it, you should have taken your problem up with your boss, not try and stir up trouble and act unprofessionally. Take it as a lesson learned and move on.
2007-11-03 10:54:43 · answer #2 · answered by Fall 3 · 0⤊ 0⤋
No, you do not have the right to sue. You didn't specify if you got paid for these off hour tasks... If you didn't get paid, you need to make records of what work you did and file a complaint with the labor board.
Next, take this information and file for unemployment because your employer was refusing to pay you for work you were doing.
2007-11-03 11:11:28 · answer #3 · answered by Dina K 5 · 0⤊ 0⤋
You can sue anyone for anything. The question is, do you have the ability to win?
The law firm you worked for has lots of lawyers, you have to pay yours. Is there a good chance that you will win enough money to pay your lawyer and have anything left over for yourself?
A consultation with a lawyer will tell you if the above questions are in your favor. I would only hire a lawyer based on a contingency payment. IOW, you don't pay if he doesn't win, then he gets a large percentage of the judgement.
You could go to your local labor board and ask them if there is anything they can do for you.
2007-11-03 10:52:56 · answer #4 · answered by Dan H 7 · 0⤊ 0⤋
You acted inappropriately. If you were unhappy with your job situation, you should have met with your supervisor.
To email secretaries and use profanity shows a lack of professionalism and questionable reliability.
You have no lawsuit.....but you have learned a valuable lesson.
2007-11-03 14:26:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, your duties are what they tell you they are, because you are on a salary your hours are theirs to determine. You broke one of the first rules of going along to get along, and you never, never put anything in writing that might be used against you
2007-11-03 10:50:45 · answer #6 · answered by jean 7 · 0⤊ 0⤋