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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19021
Experience:  Employment/Labor Law Litigation
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I had my performance review, and my boss asked me a couple

Customer Question

I had my performance review, and my boss asked me a couple of times if I felt this job was a good fit for me (she noticed I get overwhelmed easily). She told me that I could be honest, but I just told her yes. If I were to tell her that I didn't feel it was a good fit... Could I lose my job? I work in a university, if that makes a difference.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
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. Being in a university could make a difference here, but only if you are in a protected job position through a union or collective bargaining agreement, or through contractual tenure. If you are relatively new, then chances are that your employment is "at will" and can legally be terminated at any time. While saying that you do feel you are a good fit for the job may not protect your employment, saying that you feel it is NOT a good fit would certainly give the employer more freedom to terminate your employment. By saying that you didn't feel the job was a good fit, you essentially provide part of the "cause" that the employer would use as a basis for termination. They could state their particular issues, if any, and that support that position by noting that you agreed that the job was not a good fit for you. So, while we can't guarantee your job is protected, certainly you made the right statement there if it is your intent to continue working in that job. 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.
Customer: replied 11 months ago.
I'm in a union. Does this still apply?
Customer: replied 11 months ago.
I've also been employed here over a half and a half.
Customer: replied 11 months ago.
a YEAR and a half
Expert:  Allen M., Esq. replied 11 months ago.
It still applies, but with modification. Being in a union provides you protections against termination, but those protections are not ironclad. People can still be terminated, it is just more difficult, time consuming and precise. You have to follow the due process requirements of the contract and meet the "cause" elements of the contract. It still can be done though and you saying "I don't think I'm a good fit for the job" makes termination easier. Not simple, by any means, but it still acts as evidence in support of the "cause" given by the employer. So, it is not something that you would want to say, if it can be avoided.

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