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 Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11284
Experience:  Significant experience in all areas of employment law.
60109343
Type Your Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I signed a paper that said I smelled like alcohol a year ago.

Customer Question

I signed a paper that said I smelled like alcohol a year ago. I went to a work conference with a guy who claims I smelled one day there. Told my boss. The paper said two strikes and I'm out. I wasn't drinking the second time. Can I refute it?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. You can certainly attempt to reason with your employer and refute it by means of persuasion. But this is unfortunately not a circumstance in which the law offers any protection. The reason is because employment in Iowa is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. So, the fact your writeup from a year ago said "two strikes and you're out" does not impose any limitations on how your employer can act. They could have fired you after the first incident, or they could have fired you based on no incident at all. They have absolute discretion to determine whether you remain employed or you do not, and so your only power here is the power of persuasion. I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 1 year ago.
Hello again, I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.Very best wishes.

Related Employment Law Questions