Recently been terminated after 7 months of work and believe this termination was unjust. My question is can I collect unemployment and sue the company in the state of New York?

You should collect unemployment benefits in New York unless you committed misconduct (as determined by the Unemployment Insurance Appeal Board). This is quite different from ordinary misconduct. Unless you knew or should have known that you could get fired for doing something you should collect benefits unless you quit.

Many terminations are unjust but not illegal or unlawful. If you were not union, not government, not under a written employment contract you were probably "at will." Most employees are at will. Employers need no reason; absolutely no reason to fire an at will employee. However, if you were discriminated and can prove that then you might have a case. It takes an employment lawyer sometimes a few hours to determine whether you have a viable claim. Call around and speak with some. And if your unemployment benefits are challenged possibly retain a lawyer to help you with that on a contingent fee. No lawyer can take any money from you for unemployment unless that lawyer's efforts result in your receiving benefits and then the amount has to be approved by the UIAB and it's much less than a successful recovery might yield for illegal or discriminatory termination. Good luck.

posted by V Jonas Urba  |  Apr 24, 2017 5:04 PM [EST]