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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am a recruiter at a trucking company and am being

Customer Question

I am a recruiter at a trucking company and am being terminated because we have 40 empty seats still. My duties include so much more than recruiting, for example I am responsible for our drug and alcohol testing program, (we have 220 DOT regulated employees and 75 or so non DOT employees, creating two separate programs across company and country),the companies social media presence, the company website, company party planning, traveling to help with on-board training and paperwork as well as employee gifts for appreciation week and each new employee's spouse welcome package. I have other responsibilities but these are some of the big ones. I was told they are hiring a professional recruiter to replace me, but they want me to stay on during the transition to help train the new person as well as pass all my other duties out to other employees and make sure everybody is trained and nothing is dropped. If I am so incompetent why would I need to train anybody, and if it was possible for me to complete all these other duties, why am I now told it will be spread out among many other people. Seems to me this professional could handle all of it. Or maybe not. Do I have a reasonable argument for wrongful termination?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

"Wrongful termination" is a phrase commonly misunderstood by non-lawyers to mean that when a termination is "wrong" or "unfair" that it is legally actionable. In fact, this is not the case. In all states but Montana, employment is "at will" absent an express agreement to the contrary. At will employment can be terminated 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. "Wrongful termination" is only legally actionable when it is motivated by a legally protected trait or activity as described above.

I would certainly agree with you that termination is highly unfair, even "wrong" under the circumstances you describe. But the facts you have stated do not suggest that you would have any legal remedies against your employer. Unless you have evidence that your employer's real motive here is a legally protected trait or activity (and you would bear the burden of making that showing), your only options are to attempt to reason with your employer to save your job or begin searching for new employment.

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.

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