I was furloughed during the pandemic after 25 years of service. Ironically the very week I received a raise in pay. They never called me back but never formally fired me. Am I due any compensation?

I tried to sue my employer because they said they eliminated my position but soon hired a former employee for my”eliminated “ position. They claimed that I was not fired but I received no pay and no formal notice of termination. Am I due any compensation?

1 answer  |  asked Mar 27, 2024 6:41 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Not sure what "I tried to sue my employer" means. If you filed a charge, complaint, or action and it was either dismissed or you did not pursue it then you may have a timeliness issue regarding filing, appealing or otherwise acting.

The real issue appears to be what you did or did not do following the furlough. By that I mean did you diligently continue to follow up for rehire, called, texted, emailed regularly and did you make good faith efforts to mitigate your damages, meaning look for other work or re-apply for jobs with this employer? What have you done since losing this position? An employment lawyer knowledgeable in this area is likely to ask you very specific questions regarding these issues. Missing a filing or other deadline can be fatal. Call employment lawyers for further clarification. It's all about your facts.

posted by V Jonas Urba  |  Mar 28, 2024 09:56 AM [EST]

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