Legal Question in Employment Law in New York

Fired Without Notice?

I am (or, rather, I was) a part-time

employee for the retail division of a

technology company. I am a college

student, and, during the semester, I

am unable to work, but I always

come back over the holidays and the

summer. Last week, I stopped by

my store to talk to my manager, who

had told me a few months prior that

I could keep my job despite having to

go back to school, about my hours for

the upcoming summer. He informed

me that I would have to reapply for

the job (which I will get no matter

what -- we are on really good terms),

which isn't a problem except that I

lose all the seniority I have garnered

over the last year and a half. Is it

legal to fire someone without telling

them about it until months later?


Asked on 5/24/08, 4:58 am

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Fired Without Notice?

It's not the most professional way to handle matters, and it appears that there may have been an effort to prevent you from applying unemployment compensation, but absent providing you with written permission for your leave, I don't see any actionable misconduct.

Feel free to consult another attorney whose opinion may differ.

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Answered on 5/24/08, 8:52 pm


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