How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
Tina is online now
A new question is answered every 9 seconds

Is there grounds unlawful termination in regard to the

Customer Question

Is there grounds for bringing unlawful termination in regard to the following:
23 years service with zero negative complaints
Not a single negative complaint on record for the whole 23 years of service
Called in to work one day, told to turn over keys, checkbook and any other business related aspects of being the manager for 23 years.
Not allowed to reclaim any personal items
No longer allowed entrance to the former workplace
Never told you are fired
No letter of intent to replace
No formal letter of termination
No exit interview
At the date of turning in all business related items, a replacement had already been hired at twice the pay rate
Submitted: 12 months ago.
Category: Employment Law
Expert:  Loren replied 12 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 12 months ago.

Did you have a written employment agreement requiring cause for termination?

Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Customer: replied 12 months ago.
There is no agreement written nor oral.
Definitely treated differently, believe termination/replacement was directly related to taking time off to care for spouse after surgery.
Expert:  Loren replied 12 months ago.

Do you believe you were treated differently due to race, religion, age, ethnicity, etc.?

Did you apply for and receive FMLA for your wife's recovery?

Customer: replied 12 months ago.
At the time it was deemed not necessary, believe the problem was generated by a previously fired employee.
This is a non- profit business if that is a consideration.
Customer: replied 12 months ago.
To be more clear here and honest, I am the spouse, terminal illness, homebound, 100% disabled veteran.
Approx. dates here... Admitted to university hospital late Aug. 2015, duration of hospital stay 14 days, expected at home recovery 6 to 8 weeks.
Was during this hospitalization that this former employee was the force behind the "we need a full time manager", campaign.
While my wife was attending to my medical needs this former employee somehow managed to have her replaced.
Complete surprise as stated, never any derogatory complaints in 23 years.
This problem employee actually fired for integrity issues in late October.
Expert:  Loren replied 12 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 12 months ago.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

Expert:  Loren replied 12 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 12 months ago.

Are you still online with me?

Related Employment Law Questions