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Attorney2020
Attorney2020, Lawyer
Category: Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I was just terminated from my position as Assistant City

Customer Question

Hi,
I was just terminated from my position as Assistant City Manager. However, before that a New City Manager came to head the city where she was told that there was no longer an Assistant City Manager. Upon her arrival, she looked in my file to find that there I had never been officially given my new title and job description. It was not placed in my file neither was my current position. As the Assistant City Manager I was terminated with one week severance and three months health benefits. What are my rights? and is this a case for filing a EEOC complaint?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 6 months ago.

Do you believe you were terminated based upon race, age, religion, disability, sexual orientation?

Customer: replied 6 months ago.
I do believe that the they have decided to diversify the positions in the City. A staff person said they overheard a council member stating that I should be fired. Also, they did a complete assessment of every position and paid a consultant firm to evaluate the current positions, roles and responsibilities. I was never told that my position was a title change with new roles in a written document nor received a written appraisal for my performance review during my 18 months employment.
Expert:  Attorney2020 replied 6 months ago.

You have a right to file a complaint with the EEOC to vet out if you were wrongfully terminated. here is a link to file a complaint: https://www.eeoc.gov/federal/fed_employees/filing_complaint.cfm

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 6 months ago.
What about the offer to accept a severance package of one week and three months health benefits?
Expert:  Attorney2020 replied 6 months ago.

If you accept the offer, you will most likely release any and all potential claims against the employer. If you believe you will not file suit, accept the offer. Based on the factual circumstances, I don't see a strong indication that you were unlawfully terminated. If it were me, i would accept the severance.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Customer: replied 6 months ago.
thank you, ***** ***** did not help with whether I should go further with a case for wrongful termination case.
Expert:  Attorney2020 replied 6 months ago.

To be considered wrongful, the termination would have to violate public policy. To violate public policy, the employee would have had to be terminated based upon a protected characteristic such as race, age, religion, disability, sexual orientation. I'm not hearing that's what happened in your situation so I would not take your case for wrongful termination. An employer can terminate an at-will employee for any reason other than ace, age, religion, disability, sexual orientation or engaging in protected activity.

I hope that added clarity. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 6 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 6 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

Expert:  Attorney2020 replied 6 months ago.

Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.