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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 29119
Experience:  More than 30 years in legal practice.
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I was terminated by phone from my job. One unreliable

Customer Question

I was terminated by phone from my job. One unreliable witness claimed I "keyed" a car. I am 66 yrs old and would not do such a thing. The witness was not in a position to see what he calims he saw. I was not given a sit down with my supervisor to defend myself. He had an underling call me at home to say I was terminated. I have bee a good employee. This came as a real shock.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Loren replied 3 months ago.

Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.

Expert:  Loren replied 3 months ago.

Before we begin a bit more detail would be helpful please.

1. Do you have a written employment agreement requiring cause for termination?

2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Customer: replied 3 months ago.
I was not given anything in writing. This employer is Westgate Resorts. Not know for doing the right thing. No bias in their decision.
Expert:  Loren replied 3 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Customer: replied 3 months ago.
I do not wish to talk over the phone.
Expert:  Loren replied 3 months ago.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

Expert:  Loren replied 3 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.