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Building super fired w/out cause

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Building super fired w/out cause

Postby AdvocateUUWS » Tue Jan 14, 2020 4:46 am

Hi, I was wondering what the usual employment contracts are regarding superintendents in a building. Mine recently had to take several weeks off as a result of necessary surgery and was thus let go. Upon hearing about this, I'd like to reach out to the Dept of Labor or some advocacy group. While NY is an at-will state, the timing is surely suspect, and if the firing IS related to the whatever medical attention he needed, I would imagine he has a case.

Assuming I have the whole story, and the super wasn't caught stealing, endangering tenants or anything of the like, and assuming he didn't violate the law or company policy, what MIGHT be his recourse? And IS there someone I can contact on his behalf?

Thank you!
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Re: Building super fired w/out cause

Postby TenantNet » Tue Jan 14, 2020 6:06 am

I don't think we can answer this one. Details of employment are not a LL/T issue. Tenants may be entitled to have superintendent services in their building, but there's no requirement that a particular person have the job.

Having said that, there may be issues regarding continued occupancy of an apartment if the employee is fired or resigns, whether the person was a tenant prior to becoming the super, and if the person was rent regulated.

Your issue seems to be you want your super to have his job back. Do you have a tenant association; if not, organize one. While tenants might not have legal standing, they can certainly make a big fuss.

As for employment rights, I just don't know. There is a Super's Association, but I don't know their web site.
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Re: Building super fired w/out cause

Postby BubbaJoe123 » Tue Jan 14, 2020 4:07 pm

Is the (former) super a member of 32BJ, the union for doormen and building maintenance employees?
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Re: Building super fired w/out cause

Postby AdvocateUUWS » Tue Jan 14, 2020 6:41 pm

Thank you, both. I don't think he is part of ANY association, but I will reach out to both of those.

I understand this is not a Tenant/LL issue, but this was the kind of start at getting these guys help I was looking for. If you've any more to add, please do so! Thanks again!
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