Legal Question in Employment Law in New York

I am a employee of eulen America JFK. a duty manager(latisha) made a report of me which shouldn't be accused for. We do the UM in flights. That means the underage kids who travel by themselves without parent . we have to take care of them until they meet their parents. But when we get hired they didn't talk about UM neither the paperwork said that. And they only perform this job with female workers. But that is not the issue . The issue is I had a UM today .my UM is 5 yrs old. He is too little to know about his bags. I asked him but he just said he don't have a bag except his bag pack. But he had 2 check bag . In that case AMERICAN AIRLINSE Provide bag tag number with their passport and immigration form in a pouch. But my UM didn't had that on his UM package .It is not our responsibly to look for bag tag. The flight attendance should take care of his belongings when he fly. So I thought there was no bag . But when his parents came to pick him up they let me know about the check bags . Then I went to go grab that bag. They got their bag. Their parents didn't made any complain but the duty manager feel it as a embarrassing situation and made a report .Well I am not a god the duty manager told me why I don't call the supervisors to know about the bags but in custom no body allowed to make a phone call. In that case I feel it as injustice and they might fire me for that because I already get write up for kind of same situation. they don't care about employees they care about themselves .They work in a group .Can i claim this case as a wrongful termination?

Asked on 9/02/13, 9:44 pm

1 Answer from Attorneys

David Simon Hogan & Rossi

First, if you are a member of a labor union, you may wish to discuss this with your union representative in order to be proactive. Second, you will want to check to see what rights you have - whether it is by some collective bargaining agreement or in an employee handbook - as to any procedures that you can take advantage of in order to get a fair hearing or tell your side of the story if disciplinary action is taken against you by the Company. You may also want to take note of all witnesses to this - particularly what employees refused you access to make a call. But also, don't jump to conclusions. Latisha may have just been doing her job which is to make a report about every UM, indicating if each child was delivered to the custody of their parents and accounting for luggage. I am only suggesting that you see what options are available if the company takes disciplinary action, issues a warning, or terminates you. If you absolutely feel you must take action now, then approach a manager and tell them that you are concerned that there are some flaws in the existing protocol or procedures, and you are bringing it to their attention so future incidents can hopefully be avoided. As far as a wrongful termination lawsuit, if you are an at-will employee you can be fired for any reason or no reason at all provided the Company's actions are not discriminatory (based on religion, race, sex, etc.). You are better off trying to reconcile this with a manager or availing yourself of a hearing if your company or collective bargaining agreement provides for such a procedure.

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Answered on 9/02/13, 10:37 pm

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