How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Allen M., Esq. Your Own Question

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16079
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

Ive been whole-heartedly been working for a veterinary practice

Resolved Question:

I've been whole-heartedly been working for a veterinary practice for four and a half years. faithfull putting all my minds effort into helping this hosp run efficently. i've been down talked too about me being tardy of which i found completely unsubstantiated because Ive had several reviews during my time there and that was never brought up. i just had a review ~3mo ago and my review was great i got a 50cent raise and there was no mention of me having a problem with tardiness. I recently went through a medical evaulation b/c i was having problems with the passing of my grandmother. i've been previously diagnosed with Adult ADHD and PTSD and was on medication treating these for years and during that evaultion found that my medications were not appropriate and i had to stop them for a month to clear my system, well that happened 4/8/13 and thats when I (specifically under DR supervision)went off my meds i told my employer about it and that i may be experiance some form of withdraw. I was fired on 4/29/13. Previous to that I had a wonderful! time working with them and them with me. Everybody there including our clients would constistantly say "i wish i could bottle that cheerful energy you got and sell it." the final action was my fault i was 45 mins late to work on the 4/26/13 but definately not grounds to fire me than alone deny me the unemployment I am due. What do i do? My therapist is advising me to take some needed time away from working and they just cut me off of my medical coverage! Im gonna drown here! Not to mention, i have 46thousand in student loans i still need to pay and cant put a forbearance on them till aug. there's more than just this i used to have to come in on days off and holidays to take care of animals that were boarding and was maybe compensated once, maybe. i have worked long hours and not seen them reflected in my paycheck, but because we were such a "family" working there i figure i get compensated some how. my office manager lied about giving me a 3 day weekend a couple of time be cause of how i covered for somebody but never saw that. You can even as her who the most easy going person to ask if somebody need to be covered on a day. ME!!! WHY IM BEING TREATED LIKE I DON'T DESERVE UMEMPLOYMENT I PUT WAY TO MUCH OF MY TIME AND EFFORT AND MIND INTO HELPING THIS BUSINESS, AND I NEED IT MORE THAN EVER. im desperate and alone. help!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

Ok. I'm not sure what other attorneys you have spoken to, but they did know enough about employment law to get one thing right here. "At will" employment is a type of employment that most of us in this country are under.

 

It legally means that the employer can terminate your employment at any time, with or without cause. They don't have to give warnings. The reason for the termination doesn't have to be of a particular level of seriousness. The termination can literally be for nothing. Here though, it was not without basis. You stated that you were 45 minutes late to work.

 

Despite your belief that this is "definitely not grounds to fire me" it actually is completely legitimate and legal grounds for termination. It is more than sufficient to justify termination, not because it is some terrible thing. I've been late before too. I'm not judging you in that at all. The point though is that, in an "at will" employment situation, they don't even need a reason. When you don't need a reason, something as insignificant as being 45 minutes late is absolutely legally sufficient to justify termination.

 

So, the termination is legal here. Where you can fight the issue is unemployment. While the employer's basis for termination doesn't have to be particularly significant, their basis for blocking unemployment does have to be significant. They have to show that you engaged in misconduct worthy of blocking your unemployment. So, in your appeal, you need to lay out that you have not had a problem with tardiness and that this is the first time you have been late to work . You accept that it was wrong to be late, but this is not something you have done regularly. You've not receive numerous warnings about it. Your history with the employer is good, except for this incident.

 

That is the argument that you have to make. Also, if anyone else there has been late, but was NOT terminated, you need to raise that issue as well. Then you can state that this is not a regularly enforced policy of the employer. That will also strengthen your unemployment claim.

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 16079
Experience: Employment/Labor Law Litigation
Allen M., Esq. and other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
Allen M., Esq.
Allen M., Esq.
JAG officer and professor of law
10375 Satisfied Customers
Employment/Labor Law Litigation