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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37855
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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I was fired for sleeping on the job. I was not sleeping. I

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I was fired for sleeping on the job. I was not sleeping. I am a supervisor and have caught two of my employees as sleep at work. Asleep with pillow and blanket. I informed my supervisors and nothing became of the situation. I have been with this company for 7 years and 3 months. I have had a very good work record for those seven years. I come in and work on my days off for free. I use my personal monies to help when my clients don't have monies of their own. I work at a mental health CILA. I believe that given my work record and my dedication to this company that I was wrongfully terminated. I have not been written up for anything else in 6years. My question is what is my next move?
Submitted: 8 years ago.
Category: Employment Law
Expert:  LawTalk replied 8 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

What state do you work in?
Do you have a written employment contract with the company?

I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help.


Customer: replied 8 years ago.
I work in Illinois. I don't have a contract.
Expert:  LawTalk replied 8 years ago.

Good afternoon,

I'm very sorry to hear of your dilemma.

Unless you have a written contract of employment with your employer, you are probably considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical office politics which can be so troublesome.

In Illinois, employees are presumed to be "at will." At-will employees may be terminated for any reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color Religion, National Origin, Gender or Disability.

Even an alleged reason for termination that is not factually correct will not lead to you having a viable cause of action for the loss of your job unless your civil rights, as outlined above, have been violated.

I'm afraid that based upon the facts that you have presented that you do not have a case for unlawful termination.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,


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