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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12942
Experience:  Significant experience in all areas of employment law.
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I had an argument with my coworker at the job .the supervisor

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I had an argument with my coworker at the job .the supervisor was there during the argument and he is taking his side .she called me names (trash)..and told me that I harassed her...we all wrote a report to the manager and I feel like the manager is taking a side and probably will let me go .what should I do ??.my statement wasn't very precise ..
Good evening and thank you for entrusting me to answer your question. I am very sorry to hear about this altercation and the fact that your supervisor is taking your coworker's side.

Unfortunately, the laws in this area strongly favor the employer. Absent an employment contract guaranteeing employment for a specified period of time, employment in the state of North Dakota is presumed to be "at will," meaning that an employer is free to terminate employees for any reason whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of North Dakota law. Termination due to an argument, even if you were not the instigator, implicates no exception to the doctrine of at-will employment, and thus, an employee can be fired under the circumstances.

The above noted, it is expensive to re-hire and re-train new employees, and if you were to be fired, you could generally file for unemployment which would affect your employer's unemployment insurance premium. This is to say that employers generally do not want to terminate employees any more than employees want to be fired, and so employers tend to be rationale about these sorts of decisions.

For these reasons, the best course of action in the circumstance you describe is to present to your employer a written explanation for your action and, if necessary, an apology for the misunderstanding. I realize that from your perspective, you may see no need to apologize or even explain further than you have, but I can tell you as an attorney who frequently advises employers in this circumstance that such a letter would be looked upon favorably and would be the best possible action you could take to preserve your employment, ordinarily speaking.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
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