Mitchell Pollack & Associates PLLC
Your Solution Starts With A Phone Call

Questions surround if man's wrongful termination lawsuit

New York State employers who are seeking to protect their business will often need to dismiss employees who they deem detrimental to it. This is highlighted in situations that are public with prominent people accused of violating the requirements to retain the job. There is often back and forth regarding how far employment law goes in protecting workers from wrongful termination and the right of employers to dismiss an employee if they feel it is necessary. Employers who are confronted with this situation should understand their rights and have help from a law firm that understands the perspectives of workers and employees.

A man who worked as a meteorologist on an upstate television station was fired from his job after making an inappropriate comment about a slain civil rights leader. There is a dispute as to whether he can succeed in a lawsuit against the station for his dismissal. The man referred to Martin Luther King Jr. using a derogatory term for African-Americans. He claimed that it was inadvertent and resulted from his speaking too fast, not because of racism or for any other reason. He was subsequently dismissed from his job.

The man had worked at the station for more than a year before he was fired. There are contrasting opinions in the legal community as to whether he can sue. Because New York is "employment-at-will," the employer can fire a worker for any reason except in situations where the law prevents it. For example, discrimination against the worker does not justify a firing. However, even though he might have tough road in there being a successful lawsuit, he could have had a contract that required cause for a firing. If he did not intentionally make the offensive comment, then he might be able to sue.

Employers are unavoidably confronted with difficult decisions that could have far-reaching implications to their business. When it is a well-known business that is in the public eye, this is exacerbated so they must act not just in their financial interests, but in how they are perceived. Having legal assistance when navigating employment law is not limited to firing workers, but in crafting employee handbooks, drafting contracts, handling wage disputes and in deciding how to discipline workers. In complicated cases related to employment law for employers, a law firm that specializes in these situations is imperative.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Ready To Resolve Your Legal Issues

You have a business to run. The team at Mitchell Pollack & Associates is ready to tackle your legal needs so you can focus on your responsibilities. Call 866-400-7388 or use our online contact form to schedule a meeting.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Tarrytown Office
150 White Plains Road
Suite 310
Tarrytown, NY 10591

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 914-332-9191
Map & Directions

Mahwah Office
220 Franklin Turnpike
Mahwah, NJ 07430

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 201-529-4400
Map & Directions