Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. In employment law
, unless you have an employment contract
that expressly states that you can only be terminated for cause, your employment is "at will
." That means that you can legally be terminated at any time, with or without cause or warning. The employer doesn't have to give you an explanation. They don't have to have written you up. There is no formality necessary. The employer can post for your job while you are working it and replace you the moment that they get someone else they want to work the job. This, alone, is neither retaliation
. The only way then that that is illegal is if you have evidence that there was an illegal motivation, meaning you'd have to be able to allege that you were removed based on race, religion, gender, age, disability or recent FMLA
use for discrimination. For retaliation, you'd have to establish that you were removed based on a worker's compensation claim, OSHA
and hour complaint or unionization attempt. Without those additional facts, showing an illegal motivation, there would be no claims on your current facts. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.