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  1. #1
    Join Date
    Aug 2015
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    6

    Default Fired for Insubordination and Employer's Concerns About My Health

    My question involves labor and employment law for the state of: New York

    Last week I was terminated after 10 years and the cause is not in writing. Before my termination there was never any issues with performance, quality, attendance....anything. Never received any verbal or written warnings. On Monday I was suspended for one week for insubordination. The next day I was told I was terminated. Verbally I was told the termination was because of insubordination and concern for my health. However my separation documents do not reflect any reason.

    As a salaried employee at $50k a year, the last 8 months I worked an insanely amount of overtime on a weekly basis because I was led to believe I needed to do it to change certain people's perceptions. The massive workload and political mind games finally broke me. A week prior to my demise, I asked my direct manager for help. In return he attacked me for being a quitter and can't prioritize.

    In my 10 years, I never been reprimanded for anything. Never had a bad performance review. Recently the organization has gone through a whole management change.
    I have two doctors that able to prove my health decline in the last 8 months was a direct result of my job. One doctor also has a patient who worked in my department that went through the same situation but he resigned. Would this information help me to gain anything?

    My employer did not do anything illegally and I understand I may just need to move forward, but can the attorney prove negligence? I have an attorney viewing my separation papers but I don't have the money to bring up a lawsuit. All I have is documentation of the massive overtime, emails and text messages from my direct supervisor proving intimidation and mind games leading to my psychological issues.

    I'm a firm believer in hard work. Cushy office jobs don't produce results and they definitely don't add value to an organization. At the same time, pushing someone to the brink of insanity and physical destruction adds no value either. Is there any justice in today's world????

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Prove Negligence Against My Former Employer

    Just one thing - you didn't suffer from any demise. If you did, this thread wouldn't exist.

    What is it you think you're entitled to?

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can I Prove Negligence Against My Former Employer

    Quote Quoting Jimrisin
    View Post

    I have two doctors that able to prove my health decline in the last 8 months was a direct result of my job.
    Then you are going to want to consult a workers compensation attorney and not an employment attorney.

    Because that's your only recourse against your employer for a job related illness.

    Meantime, file for unemployment if you haven't done so already.

  4. #4
    Join Date
    Aug 2015
    Posts
    6

    Default Re: Can I Prove Negligence Against My Former Employer

    Demise was a bad choice of words but I feel like something in me has died.
    I don't know if I'm entitled to anything....that's why I've come on here to ask "is there anything I could gain"

    My employer fired me legally, but they said they're concerned for my overall health and my point is my health deteriorated because of the hell my direct supervisor put me through

    - - - Updated - - -

    Quote Quoting adjusterjack
    View Post
    Then you are going to want to consult a workers compensation attorney and not an employment attorney.

    Because that's your only recourse against your employer for a job related illness.

    Meantime, file for unemployment if you haven't done so already.
    Yes, I start filing tomorrow for UI

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can I Prove Negligence Against My Former Employer

    Call a workers comp attorney tomorrow, too.

    They get a small percentage of benefits that they get for you so it doesn't cost you anything up front.

    Occupational illness is hard to prove, but attorneys know how.

  6. #6
    Join Date
    Aug 2015
    Posts
    6

    Default Re: Can I Prove Negligence Against My Former Employer

    I will inquire. Thank you for your advice

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Prove Negligence Against My Former Employer

    By all means contact an attorney, but don't expect to gain anything other than a polite "no".

    Good luck.

  8. #8
    Join Date
    Aug 2015
    Posts
    6

    Default Re: Can I Prove Negligence Against My Former Employer

    One more question. My position was salary but I was not in a supervisor role. I have documented 98.75 hrs of overtime between end of Feb 2015 - mid July 2015. The overtime was not "required" but was necessary to keep pace with all the activities I was involved with. Once I caved into my boss about the excessive overtime and how I was shutting down, he attacked me in an email calling me a quitter. This led to the insubordination accusation. I still have a copy of the email.

    Could I possibly get compensated for the overtime if I show this information to the NYSDOL?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can I Prove Negligence Against My Former Employer

    That depends on whether or not you were actually exempt or non-exempt - being salaried is just how you get paid, not how you're classified. It comes down what you actually do, not how they name your position.

    That's not my area of expertise though, so I'll leave that to the others.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can I Prove Negligence Against My Former Employer

    Supervision is not a drop-dead requirement to be considered exempt except under the Executive exemption. What exactly were your job duties?

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