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Question about wrongful termination in NYS.. New York

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  • Question about wrongful termination in NYS.. New York

    I have a question... Today I was fired from my job. I worked at a local pizzeria. Yes I know it was nothing special but still I have questions..

    I was hurt at work. I fell carrying something going up the stairs and had to go to the doctor and rehab. On more than one occasion the owner called me up yelling about the workmans comp and how their insurance was going up and then would hang up on me.

    Now, I also worked with the owners daughter in law which we became friends. We texted all the time (I know now that wasn't right) and we talked on the phone on a regular basis. Well her husband found out about it yesterday and I was fired today.

    I have not called in sick in around a year and a half. Am never late but because of these last 2 incidents I got fired. Is there anything I can do or is it even worth pursuing with it being a low end job? Any information would be greatly appreciated!

  • #2
    No it is not worth pursuing as you have no legal basis for discrimination. The injury was over a year ago and IF they were retaliating for the WC claim why wait for a year to do so. It certainly would not appear that you have a retaliation claim nor a discrimination claim. At will allows for them to term you at any time for any reason NOT protected by statue such as discrimination based on your age, religion, race, gender etc... It does not include job protection when you get caught messing around with the bosses daughter in law. You might consider yourself lucky that her husband didn't do more than expect you to be terminated for such inappropriate behavior.

    Move on. Find your self another job and forget about doing something about the termination as you have no legal basis to do anything about it.

    Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.


    • #3
      We were never fooling around... Also it was this past feb... 2 months ago!


      • #4
        Texting all the time and talking on the phone on a regular basis might well be considered fooling around by some. Especially her HUSBAND!

        Originally posted by doughboy51 View Post
        We were never fooling around... Also it was this past feb... 2 months ago!
        What was this past Feb...2 months ago? The not fooling around with the bosses DIL or the work injury? From your post it is not entirely clear. It was NOT appropriate for the owner to call and yell at you that the WC claim was driving up his costs. The time to address that was when it happened not the day after you are canned for having an inappropriate [you fill in the blank] or relationship with the bosses DIL.

        Bottom line is this, you were having an inappropriate relationship of some sort with the bosses DIL. By your own admission her husband, the owners son I assume, found out about it yesterday then you were fired today. That is NOT a wrongful termination. You were NOT discriminated against based on a protected characteristic.

        It would be a very long stretch to even try to say it was retaliation for the WC claim. By your own admission you were canned the day after the husband of the DIL of the owner found out that you and she were having an inappropriate friendship, relationship, affair, fooling around party, I don't really care what you call it.

        You do NOT make daily communications with another man's wife by phone nor text. You just DON'T. Certainly not and expect there to be NO consequences for it. If you like your job at all you darn sure don't take up space in the bosses wife's life. Consider yourself lucky you could have been awarded a busted skull or a bullet or knife in the heart rather than termination papers. Some guys just don't much like other fellas taking up space in their wife's life on a daily basis.

        I am usually the first one here, (well make that the second one as JoeC spends more time here and usually gets a voice in before I happen along. Hopefully he will weigh in soon and give his very valued expert opinion), at this site to take up the plight for an employee IF there is even the slightest possibility that the employee was terminated even though it is just unfair and not necessarily illegal. In your case I can't even see where it was unfair least of all illegal. I am sorry that is NOT what you wanted to hear but it is in all honesty it is the facts.

        Last edited by Kick Me; 05-02-2008, 06:31 PM.
        Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.


        • #5
          You can not be fired for filing a WC claim.

          However, if the owner was looking for a valid excuse to term ya, you found one.

          Another point... if there is any continuing WC costs, the owner is still on the proverbial hook.
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


          • #6
            Texting and calling a married woman who is related to your employer is nearly always going to be a career ending move. And legally so. The fact that the relationship came to light yesterday is going to carry a lot more weight than anything.

            Do yourself a favor and cease contact with this woman and move on. If you are lucky, none of them with have anything to do with you from this point forward.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


            • #7
              I agree there is nothing to pursue - move on and look for other employment.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


              The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.