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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
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Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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Hi I worked in property management on 6/03/13 as I locked up

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Hi I worked in property management on 6/03/13 as I locked up one of the resident came and ask me freida theirs a resident with a black pug and another dog who is that and I said that's Mike skelly he's a good guy he a cop. On 6/06/13 my supervisor called me to his office and said your job is on the line you can get a final write up or terminated and ask why he said because of what I told the resident on 6/3/13 and said I need to go home because I don't understand he said no you will be fine. So I called the resident and ask why are you trying to get me fired and she said the week prior I showed you supervisor a picture of the person and ask him he said Iam not sure and called in another employee and ask her and both of them said I think I know who that is my supervisor told the resident ask Ms. Freida she know everybody and was terminated on 6/07/13 The resident gave me letter saying my supervisor told her to ask me.
Can you help
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information. Are you asking if your termination was lawful? Also, can you tell me if your employer had a policy that required a certain number of write ups before anyone could be terminated and if so, was this your "final" write up or warning? Do you ever remember reading or hearing that you were an "at will" employee? Are you saying that your boss said you should not have given the name of this resident out? Finally, is there any reason to believe that your boss targeted you to terminate for other reasons and if so what do you think those reasons were?
Customer: replied 1 year ago.


Thank you for responding. yes iam asking if it was lawful. I don't know about any other write up or warning. nothing about at will. yes that's what he is saying. not sure

Customer: replied 1 year ago.

 



To






To Whom It May Concern, Three weeks ago I had an incident with another resident about him picking up after his dog. Following the incident I met with Matt Cunningham (Asst. Mgr for the apartments). I knew the type of one dog but could not remember the other. He thought he knew who it was but called in Melissa (another employee) but she wasn't sure either, so Matt said Freida would know but she was off for the weekend. I attempted 2 times to check in with Matt after that because I saw him again and now had a description of the 2d dog. He was then out so I found Freida and asked her, "If she knew the man?" She informed me of his name and profession from her memory. She did not look his information up in the computer. Sincerely,
Wendy J. Jacobs, D.C. President & CEO Jacobs Chiropractic, LLC


Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for that additional information. I asked about the write up policy because you mentioned that your boss said something about a "final" write up. The reason why that is important is because generally Virginia is what is called an employment "at will" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate an employment contract, company policy or employment discrimination law. So, that means that unless your situation falls within one of the exceptions I mentioned, your employer could terminate you even if the reason was arbitrary or unfair.

But, for example, if they alter the general law of Virginia by giving all employees a right to a certain number of write ups before they can be terminated, then they must follow that policy. Meaning they cannot lawfully terminate someone without following their warnning policy. Thus my question about that.

The only other issue is whether you were targeted for termination for some other reason that might be unlawful, like discrimination. If you were terminated because of your gender, age (over 40), race, national origin, disability, religion, etc., that would be against the law as well.

So, if you believe that your case falls within one of the exceptions I mentioned, you should sit down with a local employment law attorney and discuss your case in more detail to see if they think you should try to file a wrongful termination suit. However, if you don't fall within one of the exceptions, the termination, although unfair, would not be illegal and you would not have any legal recourse.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17606
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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