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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4536
Experience:  Exclusively practice labor and employment law.
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My practice manager was upset with me on Monday and I asked

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My practice manager was upset with me on Monday and I asked her why. She came towards me grabbed me by the arm and started pulling me along with her. I told her to take her hands off of me and that we should talk once she had calmed down. Today, I was fired because of my attitude so she said. I have never been written up for anything, shown anything in writing about my attitude nor have I signed anything. Do I have any recourse?

Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today. I’m sorry to hear about your termination of employment.

 

 

 

You may have recourse if you can show that your termination and hostile treatment was motivated by an illegal reason. Here is the botXXXXX XXXXXne from a legal information standpoint. Maryland like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful. In any case unemployment compensation is usually available as a conciliation.

 

Let me know if you have any question whether one of these illegal reasons applies to your situation and/or if you have any follow-up questions.

 

 

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

 

 

Customer: replied 3 years ago.

So what you are saying is that she can put her hands on me, like she did, and I have no recourse but to accept this?

Lorraine,

If you cannot arguably make a claim that the termination was for an illegal motive, then you do not have recourse under employment law except to file for unemployment compensation. You could make a criminal complaint against the woman for assault and battery against her.

Let me know if you have an further questions. Thanks.
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