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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15773
Experience:  Employment/Labor Law Litigation
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i was terminated because a position in the company was no longer

Resolved Question:

i was terminated because a position in the company was no longer needed so because that employee had seniority over me they gave her my job. I was not offered another job where i had seniority over that employee. Can they do this?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

Did you have an employment contract stating that you had to be offered employment over others if you had seniority?

Did that contract state that you could only be terminated for cause?

Do you have any evidence suggesting that the real reason you were terminated is your race, religion, gender, age, disability or FMLA use?
Customer: replied 11 months ago.

i have no contract. i started out as a temp and when the job i was doing was posted i applied for it but they gave it to a woman who was already an employee and i was told that it was because they hire from within the company first. the same woman was told her position was no longer needed so they offered her my position and told me it was because she had seniority over me. i was not offered another position even though i had seniority over other employees. She had no experience doing my job. the other employee i have seniority over i do have experience in his job

Expert:  Allen M., Esq. replied 11 months ago.
I don't know if you say my other question.

Do you have any evidence that the actual basis for your termination was your race, religion, gender, age, disability or FMLA use?
Customer: replied 11 months ago.

i don't have any evidence even though i suspect it could be where when i was a temp they had to terminate my boss for sexually harassing me and they just kept me on for long enough that i wouldn't be able to use that

Expert:  Allen M., Esq. replied 11 months ago.
How long ago did the sexual harassment take place?
Customer: replied 11 months ago.

april 2012

Expert:  Allen M., Esq. replied 11 months ago.
Ok. So that is well beyond any sort of statute of limitations to claim discrimination on that basis.

The issue here is that you have no contract. You have no legal guarantee to your job. That makes you an "at will" employee. You can legally be terminated at any time, with or without cause. The reason doesn't have to be fair or make sense. They don't have to grant everyone the same rights, in terms of seniority over others. They just have to not terminate you based on race, religion, gender, age, disability or FMLA use. Those are the only ways a termination can be wrongful when there is no contract of employment.

I understand your argument here, about them seemingly considering seniority in one case but not another, but that is only an argument if you can say that they are doing so specifically based on your race, religion, gender, age, disability or FMLA use.
Customer: replied 11 months ago.

Thank you for your help

Expert:  Allen M., Esq. replied 11 months ago.
I wish I could have been of more help, but the law ties my hands here.

Take care.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15773
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 10 other Employment Law Specialists are ready to help you

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