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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18813
Experience:  Employment/Labor Law Litigation
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I HAVE WORKED DEALERSHIP 35 YEARS THEY SENT ME HOME BECAUSE

Customer Question

I HAVE WORKED FOR A DEALERSHIP 35 YEARS THEY SENT ME HOME BECAUSE I SMELLED LIKE ALCOHOL IT WAS TODAY AFTER THE 4TH OF JULY I WAS NOT DRUNK I DID ALL MY DUTIES UP ON TILL 1030AM .MY OWNER FOR 2 YEARS DRANK 2TO 3 PINTS OF VODKA EVERY DAY STRAIGHT OUT OF THE BOTTLE WITH ALL EMPLOYEES SEEN HIM DO IT IN HIS TRUCK EVERY DAY.THIS WAS ABOUT 2 YEARS AGO.SINCE THEN HE HAS BEEN ON ME TO QUIT. I HAD 3OR 4 COCKTAILS LAST NIGHT AND A FRIEND GAVE ME A SHOT OF SOMETHING WHILE SHOOTING FIREWORKS AT 930PM ON THE 4TH WAS IN BED WITH MY WIFE BY 1015PM.SEVERAL OF MY SALESMAN WERE A BIT HUNGOVER.IM THEGSM AND MY QUOTAS THE LAST 3 MONTHS HAVE BEEN BETTER THAN LAST YEAR BY QUITE A BIT.THE OWNER HIRED A NEW GENERAL MANAGER 6 MONTHS AGO AND FEEL HE MAY HAVE AN ISSUE WITH ME NOT SURE THOUGH I FELT LIKE I WAS TARGETED.TOLD ME TO GO HOME AND COME IN WITH A CLEAR HEAD WED AND WE WOULD TALK ABOUT IT NOT SURE BUT THEY MAY WRITE ME UP AND NOT SURE I WANT TO SIGN ANYTHING.I AM A WELL LIKED PERSON AND THOUGHT OF HIGHLY IN THE BRAINERD LAKES AREA WITH REPEAT CUSTOMERS FOR 35 YEARS.ANY ADVICE WOULD BE APPRECIATED
Submitted: 5 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 5 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.

Unfortunately, in this country if you do not have an employment contract that expressly states you can only be terminated for cause, you can legally be terminated at any time, with or without cause. This is called 'at will' employment and is the default employment status, absent a contract that takes you out of the status.

The only way then that this termination, in the absence of an employment contract (and they are very rare), would be illegal is if you can prove you were targeted based on a specific illegal basis, your race, religion, gender, age, disability or recent FMLA use. The fact that the customers like you is not legally relevant. The fact that the prior owner drank often is not legally relevant.

So, on these facts, without more evidence of discrimination, I don't see anything that you can do here beyond waiting to see how the employer intends to handle this matter.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 5 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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