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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20301
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was recently terminated from a job in North Slope, AK. I

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I was recently terminated from a job in North Slope, AK. I may have been at fault but clearly didn't want the incident to happen. New to my position I was terminated cause of it. It was my second incident to date. First incident happen 7 months previous to the one that was happen in April. When management did my review, they took my first incident in accord with the second. I know and have seen other employees get into other incidents much closer together and still not get terminated. Being my second offense but past my probation period is there anything I can do? Ultimately, all I want is to get my job back. Thank you

Thank you for the information and your question. Are you in a union? Are you saying that your employer has a policy where they can only terminate employees if they have a certain number of "incidents?" If so, are you saying they didn't follow their own policies?
Customer: replied 4 years ago.

We are not union. The company is CH2M Hill. I don't have an employee handbook on me. When I had my incident review, there was no Human Resource person there to represent me either.

Hello again and thank you for your reply. Well it is key that you know whether or not your employer has a policy that requires that you get a certain number of write ups or incidents before you can be terminated. The reason why that is key is because Alaska is an employment "at will" state. That means that an employer may terminate an employee for any, or no, reason and with no notice or warning at all, unless the termination would violate a contract, company policy, the covenant of good faith and fair dealing, or was motivated by discrimination because the employee terminated was a member of a protected class under employment discrimination laws.

So, unless your situation falls within one of the exceptions I mentioned, your employer could lawfully terminate you. You will want to try to get a hold of the employee manual or handbook to see what it says about termination of employment. If it appears they did not follow the rules, or you think you fall into one of the exceptions to the "at will" rule that I mentioned, then you will want to sit down with a local employment law attorney and discuss your case in detail and decide what steps you want to take. That might include a letter from the attorney to the employer stating your position and giving them an opportunity to hire you back, filing a lawsuit for wrongful termination, or nothing if the attorney does not see a legal issue with your termination.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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