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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 11959
Experience:  JD, MBA
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I was wrongfully fired from my employer. I was not informed

Customer Question

I was wrongfully fired from my employer. I was not informed of the termination either.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Can you please describe what makes your termination wrongful? Also, please clarify your legal question for me. I just want to make sure that I understand what legal information you are seeking.

Thank you.

Customer: replied 1 year ago.
There was no means to terminate my employment, and I was not informed of the termination either. My question is if there are any steps I can take to get my job back and also get a severance pay for the time I have not worked ?My current situation is that I work for CVS. My district wanted me to transfer from one store to another with no notice. They called me on wednesday sept 9, the day of the transfer and assumed and demanded that I could accommodate that decision. On that same call I informed the manager that I will not be able to accommodate and will not be showing up to the other store. On Fridays my store manager sends a text message with the next week schedule, I did not receive that message therefore not having a schedule for the week to come. I called the ethics line the Monday after and explained my situation. When the ethics line got in contact with me, they informed me that my manager is giving another story which is false and that I was also terminated.What really happened is: There was another employee in another store that was having problems with his team. He tried to speak to his supervisor and the district manager but they did not help him. He got in contact with the Regional Manager and the RM took action with HR. The action was to transfer him to my store and me to his. They never asked me if I could accommodate that transfer but still approved it and assumed that I could. I am now being terminated for someone else's problem. I need help on my next steps
Expert:  TJ, Esq. replied 1 year ago.

Hi again.

If a person has no employment contract that limits the reasons that he can be terminated, then he is considered an employee at-will. The employment at-will doctrine states that either the employer or the employee may end the employment relationship at any time and for any reason.

Over the years, courts and legislatures have carved out narrow exceptions to the employment at-will doctrine for illegal discrimination and retaliation, but they are exactly that -- Exceptions. If the exceptions don't apply, then the courts will simply view the termination as a lawful business decision, and therefore, such a decision will not be overturned even if it was unfair or can be proven to have been poorly made. It sounds harsh, but it's that same principle that allows the employee to immediately quit that job if he were to find something better. In other words, the employer is not shackled to the employment relationship any more than the employee is shackled to it.

With the above in mind, I'm truly sorry to say that what you describe is not a wrongful termination since it doesn't fit any of the exceptions to the at-will doctrine. The exceptions, as mentioned above, pertain to illegal discrimination or retaliation. For example, if you were fired because your boss doesn't like your race, then that would be wrongful. Or, if you were fired for whistle-blowing to the authorities about safety violations, then that would be wrongful. Unfortunately, firing you for refusing to work at a different location is not wrongful. That is a legitimate business decision. Please bear in mind that I'm not defending CVS. Clearly, the decision to relocate you with little notice, and then to fire you, was unprofessional. But unprofessional behavior is not the same as illegal behavior. If CVS wants to run their business in that way, then eventually employees will quit, and CVS will get the message. The law will not interfere.

I am truly sorry that my answer is bad news for you, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!

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