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Jagcorps_esq, Employment Lawyer
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If you are learning something new and messed up, was fired

Resolved Question:

If you are learning something new and messed up, was fired because it was "detrimental" to the company. And, you also feel you were singled out before hand do you have a case?

Submitted: 1 year ago.
Category: Employment Law
Expert:  Jagcorps_esq replied 1 year ago.

Thank you for using Just Answer. Between my law practice and other law related jobs, I have over 13 years experience. I look forward to assisting you.

That depends on some information that I don't have.

First, did you have a contract of employment stating that you could only be terminated for cause?

Second, when you say you were "singled out," that needs to be explored more. One what basis do you believe you were singled out? Was is your race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.

1. On 8/3/11 our dept was given a printout for new procedures. Effective 8/1/11, disciplinary action will be taken for errors resulting in the Firm having to pay our monies, the responsible employee's will be subject to disciplinary action of suspension without pay and up to termination. I wrote refund check out of wrong account-termination.

2. The manager & I after awhile tolerated each other. I was suspended without pay on 12/6/12 because I fail to catch someone error, not knowing that I would be the only one held accountable & not the other person. So I spoke with the Administrative Co-Ordinator
with my concerns that I was not asked if I wanted to held accountable for everyone, etc. Since, that time until someone else took over,I kept track of errors from everyone including myself. Sorry, it is hard to put in words typing.

Expert:  Jagcorps_esq replied 1 year ago.

Thank you for the additional information. However, you didn't answer either of the questions that I asked of you. I asked them because the answers are legally significant and I need the answers to properly help you.

Please respond to these two questions specifically:

First, did you have a contract of employment stating that you could only be terminated for cause?

Second, when you say you were "singled out," that needs to be explored more. One what basis do you believe you were singled out? Was is your race, religion, gender, age, disability or FMLA use?

Customer: replied 1 year ago.

I think so,does that fall under employment is on an at-will basis?

Age & speed, my personal opinion

Expert:  Jagcorps_esq replied 1 year ago.

From your responses, I take it that you are an "at will" employee. That means that you can legally be terminated at any time, with or without cause. That is the normal status in this country. With that status, the basis for your termination doesn't have to be fair or even accurate. They don't need a reason for termination. So, there is nothing illegal about the termination on that basis.

The only way it could be illegal is based on an illegal factor. You stated that you believe you could have been singled out for your age (speed is not a legitimate or recognized illegal motivation for termination). You need to have more than just a suspicion. You need some evidence, to include being treated differently than everyone that is younger or specific comments about your age. If you have that sort of evidence, contact the EEOC in your state to file an age discrimination claim.

Jagcorps_esq, Employment Lawyer
Category: Employment Law
Positive Feedback: 97.5 %
Satisfied Customers: 13328
Experience: Employment/Labor Law Litigation
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