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Fired for what co-worker threatened about me

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  • Fired for what co-worker threatened about me

    I was recently fired from my job (Fire Prevention Coordinator), in NYC. A coworker that has always run a test (required by the fire department) every month didn't do this test for 2 months. After he completed it the 3rd month, I suggested that he backlog the books for the 2 months that he didn't do this test. I am not his boss & therefore he does not have to listen to me. It was only a suggestion so that the hotel does not receive a fine for not having done this test. He went to the security director (both our bosses) & said that if they don't fire me that he would go to the fire department on the hotel. So they fired me. I have never been writen up & have always done my job. Was this legal & shouldn't that guy have been fired for not running the test himself? (He wasn't.)
    Also, a new security director was just hired & it seems that he had it in for me from day 1. Do I have a case against the hotel.
    I was also told that they might disput my unemployment claim. I've filed, but haven't heard anything yet if it's going through or not.

  • #2
    As unfortunate and, I agree with you, unfair, as this termination appears, nothing that occurred was illegal. Had you reported the failure to comply with the law to the appropriate outside regulating authority, you may have been protected from retaliation under state whistleblower laws. Since you did not, and the powers-that-be decided to believe the other employee over you, I don't see that you have any case here.

    I'm not unsympathetic, but I don't see anything that is a violation of law. Whether or not you are granted UI benefits is irrelevant for a case of wrongful termination; the majority of individuals receiving UI were not wrongfully terminated under the law's definition of it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks pattymd.

      I don't quite understand what you are saying about receiving UI. Do you think they have the right to deny me the coverage?

      Comment


      • #4
        I would have no idea what the ALJ will say. All you can do is report what happened in the "reason for termination", and see if the employer appeals. If they do not, and the reason stated is not one that disqualifies you under the law, then you will be awarded benefits. If you are granted benefits and the employer appeals, then the company will have to provide enough convincing evidence to the ALJ at the hearing to convince himher that the original decision was wrong.

        These situations are very state- and -case specific, and it's really impossible for us to predict what will happen. Unfortunately, the LLT crystal ball is, as our moderator says, out for recalibration.

        Good luck.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Just for clarification, an employer has the legal right under the law to contest any UI case they choose to, just as you have the legal right under the law to appeal if the decision goes against you. I can't think of any circumstances in which it is illegal for the employer to contest.

          But contesting is not the same as denying. The employer does not have the authority to either grant or deny benefits - ONLY the state can do that.

          There is no connection between the legality of a termination and the granting or denying of unemployment benefits. Many people mistakenly believe that if UI is granted, that means the employer was "wrong" (meaning illegal) to term them. There is no truth to that whatsoever - the vast majority of people receiving UI were legally terminated. ALL it means if you are granted UI is that you were not termed for a reason that disqualifies you under the law of your state. It does not make the termination itself illegal.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment

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