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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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I was called into a conference room where I had a chat with

Customer Question

I was called into a conference room where I had a chat with two individuals, they called themselves "investigators", there was also an attorney on the phone who said he was representing the Bank not me. They accused me of changing clients profiles almost a year ago and they insisted to make me confess. I have not changed any information so I did reiterate that the statement they were making was not true. They made me sign a document stating that I had a conversation with them and then I could go back to my computer and work that day. After that i have been on vacation. Can the bank fire me over the phone or do they have to do it in person? Or because i did not confess they are not able to fire me since they technically do not have a reason?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
To be frank, there is absolutely no obligation or duty to fire someone in person, the only requirement is that the person has be put on notice that they are being terminated. "Notice" can include speaking to you in person, or phone, email, text, internet, and so forth; there have been cases of termination where the employee is notified via Facebook or other social media. The fact that you did not confess does not mean that they cannot terminate 'for case', it just may make it harder for them to justify the termination. If, for example, they find proof of embezzlement by an employee, that employee does not have to admit to it, he can still be terminated. But if they have no specific evidence, then yes, it is harder for them to claim to the state that this was a 'for cause' termination. They can still terminate, but it would then be 'without cause' and could then grant you the right to seek unemployment benefits from the state.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
I started being on bereavement leave the day after that happened for 3 business days and then I took additional time off that my manager approved. It has been almost 3 weeks since that happened. Do you think i am safe now since i have not been fired for 3 weeks?
Expert:  Dimitry K., Esq. replied 1 year ago.
Hello,
My apologies but safe from what, being terminated? The answer is 'no'. An employee can be terminated at ANY TIME, without cause, and if there is cause, the employer can terminate also whenever they wish once they believe they have enough justification to do so. The fact you weren't terminated in the past does not mean you won't be terminated when you return. I realize my answer sounds bleak but it is honest...and it also happens to be the case for almost every 'at-will' employee out there. But there is no such thing as 'safety' when it comes to being able to be terminated or not, the difference is whether or not the termination would be based on cause or without cause that the state would honor.
Sincerely,
Dimitry, Esq.

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