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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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My daughter was wrongfully terminated her employment after

Customer Question

My daughter was wrongfully terminated her employment after she informed her supervisor of an interest for possible interview with another branch of the same franchise. She talked to the that other supervisor who was interested in interview her for a Management job in another city in Florida. Since it is the same franchise , and in good faith she informed her as per request of the other supervisor as a courtesy. She terminated her employment, and when she requested that in writing, she indicated she can terminate her at "Will" according to Florida law, after she sent her an e:mail indicating this is a retaliation and discrimination. In September 24,2015 she gave her a great excellent performance evaluation report . No any indication, or verbal warning or in writing since my last evaluation in September 24 2015. she fire me right after ( 11/10/2015), the interviewer called requesting to interview her which was an easy transfer and promotion. we believe that retaliation and discrimination was in place in stooping her to grow professionally . Your advise is important.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

When you use the word "discrimination" can you please tell me what you mean by that?

Are you referring to discrimination based on her race, religion, gender, age, disability or recent FMLA use?

I have seen the other facts and will address those shortly, but I'd like to know what you mean by that term first.

Expert:  Allen M., Esq. replied 1 year ago.

I asked some questions but did not get a response to those questions, so I will try to answer your question without the information that I requested.

Her employer is correct that an "at will" employee can legally be terminated without cause. There doesn't need to be good reason for the termination, or even any reason at all.

Now, you noted that she is alleging that this termination is actually based on retaliation and discrimination. Those two terms have very specific meanings though and your facts don't fit either.

Retaliation requires that an employee be terminated based on them having made a complaint about race, religion, gender, age, disability or FMLA use discrimination, OSHA complaints, wage and hour complaints or worker's compensation complaints. It is not illegal retaliation to terminate someone for letting an employer know that they are considering work elsewhere. That is actually a legal basis for a termination.

I asked you what you meant by discrimination, because these facts don't show that either. For there to be discrimination, you have to show that a decision was made based on a person's race, religion, gender, age (over 40), disability or recent FMLA use. Without those factors, it is not discriminatory to terminate on these facts.