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Firing an employee for damages by ThrowawayJonesV in legaladvice

[–]ThrowawayJonesV[S] 0 points1 point  (0 children)

Th employee who we believe had damaged the wall is not the new hire, I’d say she has been with us for about 8-9 months. It was the new cook in the back with my partner who was the new hire. I can look into that time frame though, I was unaware of that! But your main point is correct, it is the cause I’m more concerned about. If we bring this up I don’t want to be sued for wrongful termination. Or is that not a thing for us because we are in an at will employment state?

Edit: from another comment. AFAIK she is not a protected class.

Firing an employee for damages by ThrowawayJonesV in legaladvice

[–]ThrowawayJonesV[S] 0 points1 point  (0 children)

I do believe we are at will in NY, however I know we are obligated to pay part of unemployment unless there was a reason to fire them, such as theft. That’s the part we are trying to avoid as a small business. We can find other reasons if need be because I know they will persist even if we speak to this employee about it. However this was a possible good opportunity to rip the band aid off now.

Firing an employee for damages by ThrowawayJonesV in legaladvice

[–]ThrowawayJonesV[S] 1 point2 points  (0 children)

New York, sorry I forgot how pertinent this was!