People who work for municipalities or other public corporations are not immune from unjust treatment in the workplace. They are subject to additional notice requirements if they wish to seek claims against their employers, though, and the failure to provide adequate notice could ultimately result in a waiver of the right to recover damages. The consequences of failing to properly apprise an employer of a potential claim were discussed in a recent opinion issued by a New York court in a case in which the plaintiff asserted wrongful termination claims. If your employer fired you in violation of the law, it would benefit you to consult a New York wrongful termination attorney to assess your rights.
The Plaintiff’s Allegations
Reportedly, the plaintiff began working as an employee of the defendant county in 2005. In 2018, while working in the Sheriff’s Department, he found an ammunition magazine pouch in the drawer of a desk and moved it to the top of a gun box. About a week later, he was accused of stealing the ammunition magazine. He was advised he could resign or face criminal charges. He was then placed on administrative leave, and shortly thereafter, he was terminated and arrested.
It is alleged that the plaintiff was ultimately cleared of all charges. He then filed a lawsuit against the defendant, asserting numerous claims, including wrongful termination. Prior to filing his complaint, he sent a written notice of claim to the defendant, as required by N.Y. Gen. Mun. L. § 50-e. The defendant filed a motion to dismiss, which was granted, but the plaintiff was granted leave to amend. He filed a proposed amended complaint, which the defendant moved to dismiss as well. Continue reading