Wrongful termination

I was fired from my job yesterday because they said that I was not meeting their expectations. They actually fired me b/c of a mistake that occured on Monday night but it had nothing to do with me! They pinned that on me. I was actually a very hard and good worker. Any of my co-workers will testify to that. Also, they let me go without a written warning...isn't that usually policy? I worked for a hospital in the Bronx. I was only there 6.5 months. What do you think?

1 answer  |  asked Oct 26, 2005 10:24 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
Firing of new employee

There is a piece of information missing from your question which might be vital. If you worked at a public hospital, you might have rights under the NYS Civil Service Law limiting the circumstances under which you can be fired. You would certainly be entitled to certain procedural protections.

In addition, most public hospitals are unionized. You would have rights under the COllective Bargaining Agreement.

If you are unionized, even if you worked at a private hospital, you should be talking to your union about your termination.

If you are not unionized, and do not work for a public employer, you wouldn't have anything unless the termination was motivated by certain prohibited reasons, such as discrimination based on race, religion, national origin, etc.

If a prohibit reason isn't involved, you are not entitled to a warning before termination. You can also be fired a reason which is incorrect or even false. You are an employee at will who can be fired at any time for any reason or no reason at all.

posted by David M. Lira  |  Oct 26, 2005 3:57 PM [EST]

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