Answers Posted By Joseph Heppt

Answer to wrongfully terminated

Employee at Will

Unfortunately, the law in New York is clear that an employer can terminate an employee for any reason or no reason at all as long as that reason is not discriminatory. In order to defeat a claim of discriminartion, the employer needs to show a valid business reason for the termination. In the facts as you describe them, while you might have a claim for discrimination, the employer's business reason was to replace you with less expensive worker.

posted May 13, 2008 11:13 AM [EST]

Answer to Laid off

Employee at will

Based upon your description of the events, it is unlikely that you have a claim. I assume tht you were employed in New York State. In New York, an employee is an "employee at will" unless he or she has an employment contract for a defined period of time. An employee at will can be fired for any reason or no reson at all, as long as the reason is not discriminatory. Based on your description, it sounds as though the company had a valid business reason for terminating your employment and, therefore, you would have no claim against them.

posted Oct 25, 2005 4:25 PM [EST]

Answer to Commissions due after Voluntarily leaving job

Commissions earned

You are right in requesting a copy of your employment agreement as I doubt that the agreement supports the company's position. If you earned the commissions while employed by the company, you are entitled to be paid. The company cannot reap the benefits of your sales efforts while not compensating you for your efforts. If you do not receive a copy within a reasonable time, file a claim against the company in small claims court seeking payment of the commissions.

posted Jun 2, 2004 1:49 PM [EST]

Answer to Commissions due after Voluntarily leaving job

Contract is the key

You are right in requesting a copy of your employment agreement since that document will govern whether you are entitled to the commissions. If you do not receive a copy within a reasonable time, file a claim against the company in small claims court seeking payment of the commissions.

posted Jun 2, 2004 1:46 PM [EST]

Answer to Law in NY?

Severance Pay Under NY Law

An employer is not required to pay severance to an employee unless there is an agreement between the employer and employee providing for such payment. Frequently, the employer's benefits plan provided to employees includes severance payments. In that case, the benefits plan can constitute and "agreement" entitling the employee to receive such payments.

posted Oct 15, 2003 10:42 AM [EST]

Answer to Non Compete Clause and noncomplaince

Non-Competes in NY

You are correct, NY courts generally disfavor non-compete clauses. This does not mean, however, that they will not be enforced; it simply means that courts will construe them narrowly. There are various criteria that NY courts have identifed such as the duration of the restriction as well as the geographic limitation. The reasonableness of the restrictions in your contract depend upon, among other things, the type of services you were performing and the uniqueness of those services. I would be happy to discuss this with you further and to review your contract with you. Please feel free to contact me directly at jmheppt@hepptlaw.com to schedule an appointment.

posted Dec 9, 2002 10:26 AM [EST]

Answer to NEED RECOMMENDATION

I may be able to help

I am an employment lawyer locted in Manhattan. Depending on the nature of your problem, I may be able to help you. Please feel free to contact me at (212) 973-0839.

posted Mar 6, 2002 08:54 AM [EST]

Answer to NEED RECOMMENDATION

Answer to Job Elimination

Waiting for axe to fall...

is certainly not a pleasant position to be in. In order to answer your questions properly, additional information is needed.

For example, what is your age and ethnicity? Do you have an employment contract? How many in your department have been let go and how many remain? The extent of your legal protection is determined, to a certain extent, by the size of your employer. How many employees in total work at the company?

I would be happy to discuss this matter with you further. Please feel free to contact me at (212) 973-0839.

posted Mar 1, 2002 1:05 PM [EST]

Answer to Demoted and was forced to quit my job

Re: Demoted and forced to quit my job

Ordinarily, under New York law, without a written employment contract or some evidence of discriminatory intent, an employer can terminate an employee for any reason or no reason at all. This is called the "employment at will doctine." In your case, assuming you did not have a written employment agreement for a specified period of time, you would need to show some evidence of discrimination. In order to do so, you would need to establish 1. that you are a member of a "protected class," i.e. a female and/or a member of some minority group and that 2. your former employer's true motive for firing you was discrimination.

posted Oct 9, 2001 08:40 AM [EST]

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