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Alexia Esq.
Alexia Esq., Managing Attorney
Category: Legal
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Experience:  19 Years of Legal Practice Experience in this precise field.
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I was recently terminated from a supervisor position with a

Customer Question

I was recently terminated from a supervisor position with a defense contractor because we did not make production goals. There were several circumstances related to why production was not met. We must rely on government QA inspectors to meet our goal and I could not get their participation. I was also responsible to sell 9 vehicles in one shift. The goal is 40 vehicles per week and there are two 12 hour shifts a day for a total of 14 shifts a week. I was a scapegoat and the only one fired, the day shift supervisor was not fired. I would like to know if I have a case against the company. The goal of 40 vehicles was extended for 6 more hours and still was not met at the end of the next shift. Nobody else was fired. the following week the production was not met and nobody was fired. I have never had any disciplinary problems with the company and have been in the Military Vehicle Maintenance business for 30 years. I believe my reputation has been severly damaged for future emloym
Submitted: 4 years ago.
Category: Legal
Expert:  Alexia Esq. replied 4 years ago.

Dear jacustomer,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me, in numbered answers if I ask more than one question:

 

1. Do you have a written contract of employment terms with this employer?

2. Any union here?

 

I look forward to getting to work on this for you. Hang in there! (Please note that I will be in and out this holiday weekend, so I appreciate your patience as we memorialize our fellow Americans that died keeping us free. I will be back, rest assured.)

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do not legally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

At times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

 

Customer: replied 4 years ago.

I signed an emloyee agreement with the company, not a contract. I have been working for them for 2.5 years overseas in Kuwait on a defense contract.

 

I am not a Union worker

My residence is in the state of Washington

 

 

Expert:  Alexia Esq. replied 4 years ago.

Hi Jacustomer,

 

First, I'd check that employee contract to see if it grants you more rights than the law in WA. If it provides you with required performance improvement plans prior to termination, or other such step plans, you could have some contractual rights here for a wrongful discharge.

 

If your contract doesn't provide that, however, WA does not provide you with these rights. Generally, in the state of WA, if there is no written employment agreement to the contrary, the employer has discretion to dictate the terms of employment; this would include, on a per employee basis (i.e. not all have to get the same treatment), promotions, job changes, lateral moves, salaries, goals (even unrealistic ones), etc. "At will" also includes the mutual right of employee and employer to terminate the relationship at any time, without notice, and for any reason. The only exception is that the employer is more limited in that "any reason" for termination or for differential treatment can not be due to reasons of illegal discrimination, such as discrimination based on race, religion, gender, age, disability, etc.

 

In your case, because you are pretty certain you were not terminated for intelligent and obvious business reasons, I would look to see if there was feasibly in illegal discriminatory reason for the change. (Go to http://www.eeoc.gov/ for more information on these illegal discriminations.) If there is discrimination, in that you were unfairly and differentially treated as compared to all others, but it is not based on one of these protected areas of discrimination, the employer is not breaking an laws, unfortunately, regardless of how unfair it is being.

 

I wish the law were a bit more geared toward the employee, but it seems that employers lobby Congress and state legislatures while employees don't (for obvious reasons).

 

As an aside, if your employer defames you to prospective employers, by making false statements of poor performance (when you know you were not performing poorly in reality), it may be liable civilly for defamation and the resulting financial damages if it prevents you from getting a suitable job, so keep that in mind. Not so easy to prove, but it can be done, if it is happening.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. If you need more detail, please click Reply, not ReList and I will gladly respond. Also, if you exceeded the one question one answer standard, and the expert provided you with answers to your additional questions, BONUS is an appreciated way of saying thank you! This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

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Alexia Esq.
Alexia Esq.
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19 Years of Legal Practice Experience in this precise field.