Legal Question in Employment Law in New York

NYS Unemployment Denial Case

Hi, my former employer for the past 4 years suspended me for 3 days than terminated me for breach of company policy. During my suspension and after being advise through telephone I was terminated I wrote a letter to the company headquarters requesting a full investigation be performed at the unit I was based at. I have communication emails between the company lawyer stating an investigation was performed. I was wrongfully terminated based on sexual orientation in which I informed EEOC. Can my previous company deny unemployment benefits? If so, how can I fight it in court?


Asked on 3/11/09, 9:14 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

Re: NYS Unemployment Denial Case

The EEOC investigates alleged violations of federal anti-discrimination laws. There is no federal protection for sexual orientation. I am assuming that you are in New York County (Manhattan) and hopefully your employer is also in the City, therefore, I would recommend that you file a claim with the NYC Commission on Human Rights. There are laws in New York City that prohibit discrimination based on sexual orientation. If you are denied unemployment benefits there is a mechanism for you to file an appeal.

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Answered on 3/11/09, 11:35 am


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