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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11065
Experience:  Significant experience in all areas of employment law.
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I have been employed with this employer now months .

Customer Question

I have been employed with this employer now for 8 months . I was called in the office today 4 -26-16 and told i needed to get certified to work in the manufacturing cell , i had already been working this cell for 6 month and ran the 4 cnc machines i was trained on for 2 months priot to going on night shift .I have done well in this cell running medical device screws checking parts running 4 machines my production is at 100 % or more with daily total count of parts i ran nightly i was given a positive evaluation a wage increase in march and had never had issues with producing bad parts scrap never been written up for performance issues everyone else got certified to work in their prospective areas and they told me i needed to go on days for further training and the manager even threatened my job if i don't get certified i have already demonstrated to this company that i am competent and told them i have already done the work but they insist for me to get certified by the trainer asking me questions about the machines work area documentation which i have done correctly up to now and i feel harrassed discriminared against my work record is clean with no write ups or disciplinary issues I got past my 90 days and have done everything they ask me to do i feel this is not right i have proof i production reports and doing my job satisfactorly do i have a case against this employer in case they let me go for no just cause even though I've done the work already samuel villarreal(###) ###-####**@******.***
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. While I can certainly appreciate where you are coming from, what you describe is not illegal. This is because employment in the state of TN is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. Thus, an employee can be let go for failing to obtain a certification, even if such a termination is completely unfair because the employee has already demonstrated the competence. Now, it is worth noting that employers have no incentive at all to terminate employees without reason. Terminations cost employers money in the form of hiring and training expenses and increased unemployment insurance premiums. So, if your employer is asking you to do something and conditioning your employment on it, chances are quite good its because they truly believe it's necessary. They don't have any reason to demand something that they believe is unnecessary. You can reason with them and attempt to explain why the certification is unnecessary. But ultimately, you will only remain employed if your employer wants to continue employing you, and if they only want to employ someone with a certification then that is their prerogative. I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 5 months ago.
Hello again,I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.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.Very best wishes.

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