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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience:  Attorney at law and Just Answer Legal Mentor
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I was having difficulties keeping my first job and because

Customer Question

I was having difficulties keeping my first job and because my employer was giving me hard time and now after I quit I cant' get another job. This february I was employed for three or four weeks, finaly the employer made up a reason to terminate me. What do I do to fix my problem and how. I was a very good, appreciativ and very hard working employee. Why should I deserve this.
Submitted: 6 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 6 years ago.
What do I do to fix my problem and how.

You can't fix the problem unless the employer terminated you in violation of a written agreement where you were guaranteed your job or in violation of the Equal Employment Opportunity Commission where you were discriminated because of your age, gender, religion, nationality, sex, or disability. You don't say if these apply, so I am assuming you were terminated because of an EEOC violation. If you were an "at-will" employee you can be let go for any or no reason, so long as it is not in violation of EEOC or a breach of an employee-employer contract.





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Attorney & Mediator and 4 other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
if my problem comes from the previous employer or his files, how do I investigate it or how do I fix it, so my nex employer wont' terminate me. How do I find if the problem lays from my background or employer files or somethingels. This is what I need to know. That is what I wont to know how to investigate and or solve. Thank you.
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for the clarification.

Only Georgia, Indiana, Kansas, Mississippi, Missouri, Montana, New Jersey, New Hampshire, New York, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and West Virginia have statutes where the employer is required to provide access to personnel file.

New Jersey has no law requiring the employer to give you access to their personnel file. Of course you can ask to review it, but they are not legally required to comply with your request unless you have an actual lawsuit and are requesting access through formal discovery requests. So I can only suggest you ask for access in writing, but just be aware that you don't have rights to it without a court order.

If you have not already done so, it is possible to file a grievance with HR to investigate. At most you can prepare your own statement regarding your termination to be added upon their records (keep a copy). If there is any false statement as to your termination said upon future employers then it would give rise to a defamation case. This is as much as you can do.




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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.