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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11045
Experience:  Significant experience in all areas of employment law.
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I was just fired from a position I have had since December

Customer Question

I was just fired from a position I have had since December 2015. The position was for a Purchasing Card Administrator while also doing some Accounts Payable work. At my initial interview with my manager I asked if there was a possibility to work-from-home sometimes as I have a small child. He said it is a possibility to do some of the P-Card emailing from home. I asked if there was flexibility for hours to make up hours and he said they are flexible.
I also had an interview with two of the Accounting managers and they said it would be doing P-Card work with some Accounts Payable work and they wanted me to start right away because they were short-handed. Once I got in the job there was very little training and the person that was supposed to train me broke her wrist so I was being shown things and eventually got a lost of things to do. When she got back I kept asking when I would be doing P-Card and didn't get a straight answer. I had an incident with my new boss where she said that something I said jokingly about "being her fault" was in bad taste she threatened to fire me in April. I went to HR and said it was a joke and I apologized and the manager would not let it go. It seems that they coached her and we all talked and it came out to HR that I was not doing ANY P-Card and they said that they were upset because that is the resource they were told to recruit. It also came out in the meeting that there is NO chance of me Ever working from home because hourly employees are not issued a laptop and that I wouldn't be working on P-Card or even being exposed to it until August- 8 months after I was hired because the person in charge of it had other projects to work on.
After that incident it had been rocky with my manager and one day when I was asking for a process they had promised that they had been training my team on my boss started yelling and got very patronizing and said you check this! THIS! and This! and then I said I was done and sat down. Then she yelled over my colleague's desk that she was NOT my secretary and I should write my OWN process!!!! She then stormed into her boss's office said "I CAN'T HANDLE HERE ANYMORE!!!" and stormed off to her office and slammed the door. I went up to HR's office and told them about what happened and they said that they agreed that it was unprofessional and inappropriate. They said I should have a discussion with her and her boss in the room. So I set it up and told her I just need more guidance because notes on a process that I am not familiar with will not help if I don't know what tests they would like us to check or what expectations they have for the project. She said she would have that manager get them to me and I said thank you.
On my review she said that I should not expect other people to write processes for me. She stated I had a poor attitude and that I was not up to my job's proficiency level. I said that I had learned to do our check run, reconcile each day's totals, backup my team, and had written 2 process flows when she says I am not up to the task of my job. I also had done electronic payments and had to write my own process. When there was an issue and I asked for read-only access to a program to see what payments had posted to reconcile the vendor account- I was denied and then blamed for the problem. These things were cited as my "poor work performance" and "communication issues" as the reason for my termination today.
I want to know if I have a wrongful termination or misrepresentation suit against them for advertising for a position that I didn't actually perform and citing work issues when I was doing the work and not getting the required training or access to the programs I needed to do the job properly.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 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.

I am truly sorry that you were let go under these circumstances. However, as a general matter I must unfortunately tell you that employment 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, there would not be anything illegal about being terminated under the circumstances you describe, despite the fact they advertised a position other than what you actually performed, and despite the fact that you did not get the tools you needed to succeed. It is extremely poor management for an employer to treat you in this manner, but it just does not violate any employment law.

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 4 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 credit 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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