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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20173
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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The Facts: I was justly discharged from the company (

Customer Question

The Facts :
I was justly discharged from the company (Cox Automotive) 3 years ago. Cox acquired my current company Dealertrack Technologies this week.
The reason given for my current discharge on October 1st. was due to my previous discharge from Cox.
Seem to be a case of double jeopardy. I'm being discharged for a previous paid for offence.
In my current role there is no just reason for discharge. I am a top performer and respected employee.
In my previous role I knowing and admittedly violating a company standard. The discharge was just and I accepted the consequences of my actions. I disclosed to Dealertrack my history with Cox before they hired me. They decide to hire me knowing my history with Cox.
I have 6 days to respond to the severance offer issued yesterday. Cox is privately held, Dealertrack was public. It was a $4B acquisition.
My goal is to:
1. see if there a valid case to peruse based on prescience.
2. If, yes what is involved. Cost & time
Respectfully, ***** (###) ###-####
Submitted: 1 year ago.
Category: Employment Law
Expert:  Marsha411JD replied 1 year ago.

Hello Tim,

Thank you for the information and your question and I am sorry to read about your situation. There is, unfortunately, no notion of "double jeopardy" outside a criminal trial. Likewise, there is no right to due process outside a court setting or, in some cases, a union setting. You don't say if you are/were in a union and worked under a bargaining agreement. Assuming you weren't (please let me know if you are/were), then you would have been working in an employment "at will" setting.

Ohio, like most states, follows the employment "at will" doctrine. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning unless the termination would violate a written company policy, contract, or is motivated by discrimination because the employee is a member of a protected class under employment discrimination laws. Therefore, unless you fall within one of the exceptions I just mentioned, the employer could let you go even if the reason seems arbitrary and unfair. The laws support the employer more so than the employee in this vein.

If the Company is offering you severance, which they are not required to do by the law, you might consider accepting it. If you have any follow up questions, please feel free to ask them. If not, if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today with an explanation of the law. Thank you

Expert:  Marsha411JD replied 1 year ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 2nd. For some unknown reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site useworks best while using a computer and using either Google Chrome or Firefox.

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. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.