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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118189
Experience:  20+ Years of Employment Law Experience
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I was wrongfully terminated from a non-profit organization

Customer Question

I was wrongfully terminated from a non-profit organization after failing two flawed tests that had obvious policy violation in them. I want to get back in this organization but I can't find an attorney that will take my case because the organization is non-profit and is made up of non-paid volunteers.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Employment is considered to be at will, which means an employer can terminate an employee for no reason at all or for any reason at all as long as it is not based only on the employee's age/race/sex/disability/national origin. The employee's only recourse if they are terminated, even for a flawed test, would be in filing unemployment if eligible. Other than unemployment, if the non-profit paid into unemployment, I am afraid it is not "unlawful" wrongful termination to terminate the employee. Wrongful termination that is actionable in court would have to be termination based only on your age/race/sex/disability/national origin and this is likely the reason you are not getting anyone to represent you, because you cannot overcome the law of at will employment.
Customer: replied 2 years ago.
So what your saying is I have no recourse.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Unfortunately, unless you had a written contract with the employer to the contrary that guaranteed you employment, there is no legal recourse as an at will employee for the employer terminating you for any reason at all other than solely based on your age/race/sex/disability/national origin.
Customer: replied 2 years ago.
It was verbal between me and the board of directors and they said I had to have finished my testing by the 31 May. I contend that since the tests were flawed and clearly there was a policy violation that I should be given another chance like other members have.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
I am afraid that verbal agreements are still considered at will employment. Thus, I am afraid there would be no legal recourse. You can write them and explain why the test is wrong and ask them to reconsider your score, but that is your only legal recourse.