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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18791
Experience:  Employment/Labor Law Litigation
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I've been written up else's mistakes, been ostracized, and

Customer Question

I've been written up for someone else's mistakes, been ostracized, and told that I am going to loose my job. What are my options?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 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.

That depends on the nature of your employment and the potential motivations the employer may have for this treatment.

First, if you have an employment contract stating that you can only be terminated for cause, then you have the right to sue for breach of that contract, based on the requirement to truly establish cause. However, if you have no such contract (like most employees) your employment is "at will" which means it can legally be terminated at any time, with or without cause. When a cause is given, it doesn't have to be accurate. So, just the unfairness of the situation, in an "at will" employment situation, doesn't make it illegal. You'd have to look to their underlying motivation.

Second, if you have evidence to suggest that basis for this treatment is your race, religion, gender, age, disability or recent medical leave use (FMLA), then you can file an EEOC complaint top deal with the illegal motivation/discrimination. Even in an "at will" situation, terminating someone based on illegal forms of discrimination isn't permitted.

Finally, if you have no contract and can't allege discrimination based on one of those factors, then the treatment and pending termination would be legal. However, you still have the ability to fight to obtain unemployment, against the employer's claims of termination based on misconduct (the write ups that aren't really yours).

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 3 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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