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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was just let go from my position at bank of america because

Customer Question

I was just let go from my position at bank of america because I was told that I released a call. I was never repramanded on my job before and this was the first incident. I live in the state of Florida.
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question. I'm sorry to hear about this situation.

I think the best thing here is to start with an explanation of the law in this are and then discuss your case in particular. In Florida, and throughout the United States, employment law heavily favors the employer in most situations. Unless the employee has a contract which provides that the employee may only be terminated for cause, the law will hold that the employee's right to work falls under the At Will Doctrine. The At Will Doctrine provides that an employer may terminate an employee for any reason whatsoever, even if it is a false reason. The only limitation on this is that an employer may not terminate an employee because of discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee.

In your case, you say you were terminated because of a misunderstanding regarding a release call. Given that the employer has a right to terminate you for any reason that the employer believes is fit, do you believe that the termination was actually based on discrimination regarding your race, color, religion, sex, military status, national origin, disability, age, or ancestry?
Customer: replied 1 year ago.
Are you saying that I would need to look at the policy and rules set by the bank to see if this is a cause for dismissal.
Expert:  TexLaw replied 1 year ago.
If the Bank's employee handbook states that you will not be dismissed unless you were given warning, or that you are allowed a chance to dispute the reason that you were dismissed, then the Bank is bound by this policy. So, YES, you would need to look at your employee handbook to see if they followed the policies that you were promised.

If they did not, then you may sue for wrongful termination, and point to the employee handbook as a modification of the AT-Will doctrine (a quasi employment contract). The damages you would be entitled to would be back pay and front pay, unless they agree to reinstate you at your job.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 13 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
Will this dismissal affect me in receiving unemployment?
Expert:  TexLaw replied 1 year ago.
Unemployment is only available when you have been dismissed for no cause. In other words, when you are laid off, then you are eligible for unemployment. If you have been fired, you are generally not eligible for unemployment.

Employers do not always contest an unemployment filing, so you can go ahead and file and simply state that you were laid off and see if the Bank will contest it. Be aware though that any benefits you receive are subject to being paid back if the Bank does contest and the Unemployment commission decides you are not eligible.

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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs