How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10020
Experience:  JD, MBA
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

on 1/19/11 i was terminated from my job for receiving a warning

Customer Question

on 1/19/11 i was terminated from my job for receiving a warning ....not a ticket but a warning from a highway patrolman. i was on probation for a logging violation that stood for an entire year. At that time I was informed that i couldn't receive any tickets or reprimands.On the 13 th of Jan., I was stopped for speeding 52 in a 45, only 7 miles over!! the officer assured me that he was not going to cite me because it wasn't that serious. My company said , it didn' t matter. Whatever i was stopped for , they saw it as I was guiltyl , and 5 days later let me go!! I asked how can you do this when i didn't get a ticket!? I was 6 months into my probation with 6 months left.
Submitted: 3 years ago.
Category: Legal
Expert:  TJ, Esq. replied 3 years ago.
Hello and thank you for allowing me the opportunity to assist you. I am a Virginia attorney, and I will strive to give you a concise answer.

Whether or not you have recourse is going to depend on whether you had an employment contract that limited the reasons that you could be terminated.


If you had no employment contract that limited the reasons that you could be terminated, then you were an employee at-will. The employment at-will doctrine states that either the employer or employee may end the employment relationship at any time and for any reason. Over the years legislatures have enacted exceptions to the employment at-will doctrine for things like illegal discrimination, but they are exactly that: exceptions.

If the exceptions don't apply, then the courts will simply view the termination as a lawful business decision, and such decisions will not be overturned even if they were unfair or can be proven to have been poorly made. It sounds harsh, but it's that same principle that allows the employee to immediately quit that job if she were to find something better. In other words, the employer is not shackled to the employment relationship any more than the employee is shackled to it.

On the other hand, if you did have a contract that limited the reasons that you could be terminated (and the contract would be specific to you, or a union contract), and if receiving a warning for speeding is not one of the reasons, then you have a strong argument that you were wrongfully terminated, and that the employer breached the contract. In that scenario, you would be entitled to money damages and possible reinstatement (I say "possible" because people often don't want to return to their jobs after litigation with the employer - and understandably so).

In sum, whether or not you have recourse depends on whether there was an employment contract. If so, then you'll want to consult with a local attorney who can review the situation in greater detail and possibly file a lawsuit.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our session). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 10020
Experience: JD, MBA
TJ, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
are you saying that i should take the settlement offer and cut my ties with this company?....by the way this company is Frito Lay....I use to be a 6-figure truck driver for them....and if so , what is a fair settlement?
Expert:  TJ, Esq. replied 3 years ago.
Hi again.

I don't know enough about your case to say whether you should take the settlement. I still don't even know if you had a contract. If you had no contract, however, then I would certainly take the settlement since your employer technically had the right to terminate you for the warning. If there was a contract that protected you against termination for speeding warnings, then I'd probably try to negotiate somewhere between 6-12 months of wages plus insurance while you look for a new job. But it really depends on all the facts. If you're at the point of trying to decide what kind of settlement to take, then you may want to hire local counsel who can review all the facts in greater detail and give you a more thorough opinion.
Customer: replied 3 years ago.
thank you !! that gives me more fact to base my decision on .you've been a big help...
Expert:  TJ, Esq. replied 3 years ago.
Glad to help. Good luck in getting this resolved!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TJ, Esq.
TJ, Esq.
3189 Satisfied Customers
JD, MBA