Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I was terminated after 8 years as a Manager with L'Oreal NY,

reason for termination being "conflict...
I was terminated after 8 years as a Manager with L'Oreal NY, reason for termination being "conflict of interest".
This C.O.I. being my activity in setting up a USA company for my son (he is Australian) - which would provide products online (specifically and only for the online deal sites such as Groupon, KGB etc). Products would include organic skincare, organic vitamin and wellness products, organic yoga items , music books etc.
Not only had I mentioned my desire to do this several times a) at group events i.e. managers meetings when we were asked in front of the entire team (including my direct boss VP of sales, AND my VP of marketing) to tell the group something about ourselves, but spoke openly about to several other managers and in depth to my COO.
I did not hide the fact, and undertook the set up in my own name and address, hardly the MO for someone trying to be sneaky or elusive.
The goal was to set it up and then my son would travel to the USA and take over the company - leaving me to continue my much-loved career with L'Oreal.
When appearing at the NY offices for my end of year appraisal (for 2010) I was shocked to be taken into the HR office and told that "We can no longer go ahead with you at L'Oreal, due to your outside behavior, which is deemed as a conflict of interest".
I was also told if I spoke about this to anyone I could expect "L'Oreal to come after me" Quote.
My discussing of my goals re this took place over a year or so, and not once did any of my immediate managers say to me - "Alex you absolutely cannot do that and/or you will lose your position with us". Although we have a standard code of conduct, I ask myself why would no-one say anything all those months?
We had an open and friendly relationship in our management team, which would have been very conducive of a comment.
At my termination, my GM said (after I mentioned the many times I had spoken of it) " I thought it was only a hobby".
I was stripped on my blackberry and marched out of the building like some kind of criminal. In hindsight I always thought it weird they also said they would pay me 2 weeks severance, and not challenge unemployment claims, but threatened me to not discuss this with anyone.
I held a high position as National Manager and my Dept (just myself) performed above my fellow Managers in returns ($'s) in a unique role. I am having enormous trouble even getting menial jobs and on reflection would like to discuss the situation with an employment lawyer who is not afraid to possibly go up against the mighty L'Oreal.
Anyone out there willing to discuss please?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 13 minutes by:
2/29/2012
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3,546
Experience: In-House Counsel & Litigator
Verified

I hope this message finds you well, present circumstances excluded. I am assuming that you did not have an employment contract with L'Oreal which stated the exact grounds you could be terminated for and what type of notice should be given. If you did not have an employment contract, then you were necessarily employed at will. This unfortunately means that L'Oreal could terminate you for any reason or no reason at all.

With that being said, it is odd that they did not give you warning given the level of your position within the company to step away from the outside job or you will face termination.

It sounds as though you have an adult son. This could be a case of age discrimination. If so, you may have had a claim against L'Oreal for violation of federal laws preventing discrimination under the Equal Employment Opportunity Commission (EEOC). You have to file notice with the EEOC of your claim within 90 days of termination and it sounds as though that time might have passed.

You may be able to bring a suit against L'Oreal in state court based on a breach of implied contract or for violation of the covenant of good faith and fair dealing. The State of New York does not recognize the covenant of good faith and fair dealing as an exception to employment at will status, but it is a viable cause of action otherwise.

In both scenarios, you are suing because you believe that L'Oreal has treated you unfairly based on your work history and an implied contract that they would not treat you in this manner. I must warn you that this would be an uphill battle, but it may be your only avenue of recovery.

I wish I had better news for you overall, but I am obligated to tell you the legal reality of the situation, and not something that sounds good but has not truth in reality.

In short, you may have a cause of action against L'Oreal for breath of implied contract or unlawful termination. However, this suit will be an uphill battle all of the way because the legal presumption favors the employer in this scenario absent a written employment contract.

I hope this helps and I appreciate the opportunity to assist you.

I wish you the best going forward.

Ask Your Own Employment Law Question
Customer reply replied 6 years ago
This is great information thank-you. If I were your client would you advise moving forward although it would be an uphill battle?
I know L'Oreal HATE having these things go to court and often settle to keep their name out of the news.......

Absolutely. You most definitely need to move forward. Just prepare yourself for an uphill battle and don't get unrealistic as to what to expect. It is unlikely you will recoup millions, but you may be able to settle for a lesser amount that still rewards you and sends a message at the same time.

Once the discovery process starts in the law suit, your attorney may be able to find more damning information that may escalate things in your favor relative to unlawful termination or a like cause.

Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3,546
Experience: In-House Counsel & Litigator
Verified
Delta-Lawyer and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 6 years ago
Quick Q: can you suggest a good lawyer who might like this case - I have since moved to FLorida and think I will need a tough NY, NJ type. Any thoughts or perhaps you might be interested?
I couldn't take the case, although I'm flattered. There are some great employment law attorneys in New York, as you can imagine. I've dealt with a massive firm of White & Case in Manhatten and have been extremely impressed. They are located on 6th Avenue at midtown. Start with them and their employment law department.
Ask Your Own Employment Law Question
Was this answer helpful?
Ask Delta-Lawyer Your Own Question
Delta-Lawyer
Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3,546
3,546 Satisfied Customers
Experience: In-House Counsel & Litigator

Delta-Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How can I determine if I am a victim of age discrimination.
How can I determine if I am a victim of age discrimination … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
Is it age discrimination when your told to look through the
Is it age discrimination when your told to look through the eyes of a milenimum as your a baby boomer? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I have an age discrimination question. can you file one even
i have an age discrimination question. can you file one even though your company replaced you with another person much younger and in the same protected bracket? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Can I file a claim of age discrimination with the EEOC and
Can I file a claim of age discrimination with the EEOC and wait 60 days to exhaust my administrative remedies before filing in federal court or do I have to file with the GCEO? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
What are the age discrimination laws of florida. I have an
What are the age discrimination laws of florida. I have an elderly person working a very physical job that is threatening me on age discrimination when I suggested that we move her to an easier positi… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
How do I file an age discrimination law suit against a
How do I file an age discrimination law suit against a company in Hawaii … read more
Ray
Ray
Lawyer
Doctoral Degree
32,629 satisfied customers
How do I file an age discrimination law suit against a
How do I file an age discrimination law suit against a company in Hawaii … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I have a question regarding possible age discrimination
I have a question regarding possible age discrimination against my employer. I am 61 yrs. old. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,903 satisfied customers
I have filed a complaint with EEOC under Age discrimination
I have filed a complaint with EEOC under Age discrimination and harassment. Had to resign from job at State agency 2 weeks after receiving PIP due to continuous harassment for more than a year, have w… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Can i be age discriminated against, if I am the younger
can i be age discriminated against, if I am the younger person? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My question would relate to age discrimination. In 2010,
In 2010, when I was 70, I accepted a 40 hour full time job as Staff Accountant for a non profit organization. I actually reported to a contractor that did the agency financial work. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
I have a question about age discrimination in hiring?
I have a question about age discrimination in hiring? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
Age discrimination. terminated for my age. false reason for
age discrimination. terminated for my age. false reason for termination. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,903 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x