I was recently fired. It was not because I broke any employment rules, my boss said he was simply looking for something

I was recently fired. It was not because I broke any employment rules, my boss said he was
looking for something "different". I know he hired someone else who was there last week.
Yesterday, he called me at home and asked if I would come back. If I don't go back would I
be exempt from collecting unemployment?
Any advice? What's to prevent this happening again? Obviously, I'm looking for another job
but it's a bit humiliating to go back to a job that you were fired from.

1 answer  |  asked Jan 23, 2017 5:28 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Go back until you secure another job.

In NY if you lined up another job with a start date and quit the old job to take the new one you would be entitled to unemployment if the new employer and old one refused to employ you.

Unless your pay or benefits are cut substantially you would be limiting your income by not returning.

The Supreme Court U.S has said employment laws are not civility laws. As long as there are no threats of violence or offensive or discriminatory acts no laws broken.

Of course if this is only happening to you because you belong to some protected class of employees such as older workers or minority or foreign national you might want to consult with an employment lawyer.

Unemployment is only for 6 months and it's a competitive market. At least you both know you are day to day and maybe your employer thinks you willike not find another place as good. Find another job and prove them wrong if that's the case.

posted by V Jonas Urba  |  Jan 23, 2017 5:49 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Edward Lowry Edward Lowry
Charlottesville, VA

more Virginia Employment Lawyers