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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 21045
Experience:  Former judicial law clerk, lawyer
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I was recently fired from my job. Had it for 9 years with

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I was recently fired from my job. Had it for 9 years with good reviews through 2012. A new employee rating system enacted in January 2013, that opened the window to easily fire employees if the monthly sales plan was not made. All the girls in sales were now on advisory or warning for something which caused stress and heartache. This is a major Fortune 500 company. In my letter of warning my Director put in a horrible situation that happened 7 months ago, that was her responsibility, into my letter of warning. I was horrified and did react. I wrote a response letter, said shame on you, contacted human resources but never heard back. This was in mid August. Went on vacation on 8/26 - came back on 9/8 to annual inventory and was let go on 9/20. This definitely gave me a negative view on this company. The store director never gave me a hard copy of this warning but I have my response letter as well as my entire personnel file. I have applied for unemployment. I am also putting forth some complaint notices to the state regarding safety and well being as well as some discriminatory practices that have happened. When I look back I am sorry I did not say more but feared reprisal. Thank you for your time
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The law unfortunately does not require an employer to provide an employee with warning letters prior to termination. The only time that a person would be entitled to that is if there was a specific written contract or union agreement that said so. Otherwise, because employment is at-will, an employer unfortunately can let an employee go at any time, for any reason. There is no law that stops a business from changing their employee policies, especially when these are communicated to the employees.

They could not have fired you in retaliation for reporting them to the state for discriminatory practices or safety violations. Unfortunately, the law does not protect an employee who makes these reports after being terminated - unless you had told the employer that you intended to report them.

If you were fired because of the contents of the letter, unfortunately, the law does not offer protection when an employee expresses displeasure with the employer or the employer's practices. If you have any evidence that the manager fired you because of discrimination - based on your race, religion, gender, ethnicity, sexual orientation, or age over 40, that might give rise to a claim against them. The best thing to do in that situation is to take your evidence to a local attorney who can review it and take the case from there. A person who was fired because of illegal discrimination may be entitled to reinstatement, back pay, plus attorney's fees.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 21045
Experience: Former judicial law clerk, lawyer
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Lucy, Esq.
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Former judicial law clerk, lawyer