Legal Question in Civil Rights Law in New York

Breech of Implied Contract?

After 12+ yrs of service with this company I was told that my position was being 'eliminated' effective immediately. I had been told by three members of the board of directors (there are a total of 5) that it would take the doors of the corporation closing before I would ever lose my job and if for any reason there were ever a question of my losing my job, I would be brought before the board and given the chance to appeal the decision. I was informed by the Practice Administrator that my position was eliminated and my request for an appeal was denied. I had an impeccable work record with the company and received many awards including employee of the year. I was told that I was the 'main pillar' and that I had no reason to worry about job security by one member of the board. Is this a breech of contract (implied) and if so, what are my rights.


Asked on 11/29/03, 8:54 pm

3 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Breech of Implied Contract?

You need to hire a GOOD employment law attorney immediately to get your file and review your case. Most employees are at-will and it takes a significant type and amount of evidence to overcome this presumption. Basically, you need a written contract, or some documentation that shows the company acting differently than would a company that can hire and fire "at will."

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Answered on 11/30/03, 11:10 am
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Breech of Implied Contract?

If everything you wrote is true I dont believe you have a case.

NY is an employment at will state.

Unless you have a contract that says your job cannot be eliminated this will be hard.

Even where there are union contracts they protect against unlawful or improper disciplinary action not layoffs.

You can negotiate severance but cannot challenge them for eliminating your job unless you believe the elimination is a pretex for an unlawful action

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Answered on 11/30/03, 1:15 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Breech of Implied Contract?

I'm afraid this might sound harsh, but unless you have something in writing eliciting the promises you claim , there islittle prospect of success in a lawsuit against your former employer. There was no contract entered by the promises of your employer, in fact or implied, unless somehow you can prove that your position changed, somehow, by their promises. IF you'd like to talk about this further I'd be happy to talk to you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/01/03, 10:13 am


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