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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I was working at pier 1 as a picker through a temp service

Customer Question

I was working at pier 1 as a picker through a temp service . I and other temps ride around the warehouse on carts call couriers with a flat type cart that has a skin with bars attachedlike a cage to carry our picks. making our picks . during one of my rounds when I came by the dock office a forklift drive left his forklift in the path. I try to go around but my cge fell off hitting fire pipe valve.water going every where. at the sametime forklift driver got back on his forklift but I could not sure he move and that may be what cause my cage to fall off and hit the valve. I reported what happen right away and did not try to hide my involvement .the forklift driver did not even come forward . the fire company came secured the valve gave all clear. my supervier ask me several times what happen. after couple hours of helping to sweep up water by sweeping and sqeezing out dock doors . and then going to lunch ,was told had to take lunch , so during lunc break my superviser called me to her office and told me she had to terminate my assignment. when I ask about the forklift driver she told me her boss said to let me go. her boss did not care if it was accident or not he was mad at the time for having to come in the middle of evening. I do not want to be a whisle blower but im almost positive if osha was to investigate they find some violations . as some of the pickers go zooming around with those carriers. I m always on the lookout and slow down and stop if someones approaching. I was kind of waiting for someone to crash into someone else. some of these racks are pretty shabby and shaky . I believe this accident was not entirely my fault if any at all. and the decision to terminate me was because my supervisors boss was mad because he had to come into work for this. and my superviser was not going to fire me. do I have any recourse. i prefer my job back. as far as could tel there was no product damage just production down time.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I am sorry to hear that you find yourself in this situation. The answer that I am forced to provide you with is not favorable so I ask that you do not blame the messenger.
By your comments and facts you stated that you are a temp rather than a full-time employee. That makes you someone who is 'at-will'. An 'at-will' employee is someone who can be terminated at any time without cause, and likewise can quit at any time without cause as well. Because of that status the employer has no duty to justify termination, and can simply let you go. It only becomes potentially actionable if you were terminated due to factors that would violate the law, factors such as gender, race, religion, national origin, sexual orientation, age if 40 or older, and disability if any. Beyond that point, even if the reason is wrong, it is not a 'wrongful termination' under law, and the employer can pursue it. At most you can ask them to change the position since they have the discretion to do so, but you cannot legally force them to hire you back or not terminate your employment.
I am sorry about that, I truly am, but I must be honest with you even if the facts are not favorable.
Dimitry, Esq.

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