Legal Question in Employment Law in New York

I currently own a small business in town. There is a approximately 25 workers that have been working here for at least 4 to 5 years. One of these employees accused me of discriminating against them. As any person; I was quite hurt and angry by this because I firmly believed that I didn't.

I caught this person and another employee violating a company rule. I've seen this person do a number of times. From the first time I've seen it happen to the actually date of discharge was about 10 days.

I didn't want to fire the other person because I liked them a lot. I knew if I didn't fire the other employee as well it would've looked like I did it to retaliate. I decided to contest the employee that complained about the discrimination for misconduct. I didn't contest the other employee's application for unemployment because I liked that employee.

What are the elements of rule violation that I would have to prove? Will it matter that I only contested one of the two employees found doing the same thing? Also will the short time in delay discharge work against me?


Asked on 4/10/17, 5:31 pm

1 Answer from Attorneys
Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Though it is important to consider the company rule and to what degree it was violated, the more concerning question, based on your short description, is whether the accusations by the employee of discrimination could have any legal effect. If not handled properly, accusation of discrimination could mean long and costly litigation with the employee and possibly also with the various department of labors (which represent employees for free if they believe there is a concern of discrimination irrespective of any improper actions by the employee himself).

I've seen cases that span out of control and other cases that were successfully contained solely based on the proper or improper response by the business to such accusations. That's why it's important that you contact me ASAP to discuss this.


Roman R. Fichman, Esq.

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Answered on 4/11/17, 9:07 pm


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