Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law
This answer was rated:

I was discharged from a salaried position as a process eng

I was discharged from a...
I was discharged from a salaried position as a process eng . There was an incident in the process when a process vessel experienced a flame-pop.
There had not been a "formal safety review" prior to the event.
The process had been discussed with others.
I WANT MY JOB BACK. CAN YOU HELP ME?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 56 minutes by:
9/13/2013
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,442
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Please understand that we cannot represent anyone from this site, the most we can provide you is information about your situation. If you would be satisfied with that (although the law may not be favorable to you), then please tell us were you discharged because of this incident? Did you have a written contract for employment with this employer?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

The discharge was for this incident only. Previous Performance Reviews were glowing. I worked 15-25 hrs over time per week prior to and during the process runs. I had no idea this was coming. There have been incidents before where there are flame-fire pops in the process vessels. The contents are highly flamable. But, there were not any discharges.

Thank you for your response.

Unfortunately, without any written contract to the contrary, you are an at will employee, did you have a written contract stipulating you could only be terminated for good cause?
Ask Your Own Employment Law Question
Customer reply replied 4 years ago

I am not aware of this type of contract. I believe it was to make an example for all to observe.


Would I have any chance if I contracted an attorney?

Thank you for your response

I am afraid that employment in NC is at will, which means the employer can fire you for no reason at all or for any reason other than only based on your age/race/sex/disability and your sole recourse is in unemployment. In an at will employment situation, there is no such thing as wrongful discharge NC unless it was based only on your age/race/sex disability. If the employer fights you getting unemployment, then you can fight this one incident being sufficient misconduct to warrant termination, but if this was a safety issue that you were responsible for, I am afraid you are going to have a tough battle. Either way I am afraid, your only recourse here even with an attorney is fighting in unemployment.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 119,442
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 119,442
119,442 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. 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

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 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

3,773 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
I am on a guaranteed salary to take care of delivering to
I am on a guaranteed salary to take care of delivering to two customers our company has in the Kansas City area. I am designated as dedicated to these two customers. the number of loads per week vary.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,442 satisfied customers
In the state of Texas can you collect unemployment if you
In the state of Texas can you collect unemployment if you resign? Are fired? Terminated for cause? I have been with the company 6 years. They are trying to terminate my employment because they don't b… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have been working for a company as a salaried employee for
I have been working for a company as a salaried employee for over a year. The project I was working on has ended. The company wants me to do another position but hasn't really explained what they want… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Can a fully exempt salaried management employee be docked on
Can a fully exempt salaried management employee be docked on an hourly basis? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,442 satisfied customers
My daughter is on unemployment in OR and went out of the
my daughter is on unemployment in OR and went out of the country for 10 days. Will her unemployment be stopped? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,597 satisfied customers
Dismissal on falsified misconduct. Filed for unemployment
yes, filed for unemployment won, but now they are appealing for misconducted without any disciplinary forms … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
Are Salaried employees entitled to any compensation for
Are Salaried employees entitled to any compensation for overtime work … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was offered a certain rate for salary in the offer letter.
I was offered a certain rate for salary in the offer letter. then I saw this that speaks of changes to compensation.. do I need to be concerned my salary will change later ?"At-Will Employment: Your e… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was terminated from my employment for a safety violation,
I was terminated from my employment for a safety violation, which they said was on a CCTV. I asked to see the video and they stated that I could not. Is that correct? Also, I was given a final paychec… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
My Former employee filed for NY unemployment. Is there
Hi, My Former employee filed for NY unemployment. Is there provisions in the law that allow me to protect it? Basically my question is what can be a cause for protecting the former employee's claim. I… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
178 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,442 satisfied customers
My employer is cutting my salary by ~25% and decreasing my
My employer is cutting my salary by ~25% and decreasing my hours to "30 hours salary". I may have a non-compete...can I collect unemployment and change jobs? (MA) … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I was fired on the 13th of this month for safety issues the
Hello. I was fired on the 13th of this month for safety issues the workplace claims, but in reality I had asked time and time again about not being on the equipment that I was on and nobody never list… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I have been getting unemployment in Unemployment in texas
I have been getting unemployment in Unemployment in texas for 4 months and don't have any work search logs. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can a M.D. collect unemployment when she was terminated for
Can a M.D. collect unemployment when she was terminated for breaking apt care law? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
119,442 satisfied customers
I was terminated from receiving unemployment because the
I was terminated from receiving unemployment because the attorney claims I went on Craigslist and caused a virus, but there was mitigating circumstances. … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I'm an Environmental Health and Safety Manager terminated by
I'm an Environmental Health and Safety Manager terminated by Lhoist North America. I was terminated for using a profanity towards a peer. … 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