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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5619
Experience:  Exclusively practice labor and employment law.
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I was terminated yesterday performance and/or quotas. None

Customer Question

I was terminated yesterday for poor performance and/or quotas. None of which were identified or in writing. It was written up as a Type 2 violation from the employee handbook. The Type 2 actions are listed on the previous page and state 1) First Oral or Written Warning 2) Second Written Warning 3) Suspension pending investigation will result in discharge if the investigation indicates that the misconduct occurred. None of the above occurred. The New Manager that terminated me has been there two weeks and has NEVER spent any time with me. I visited with him at the facility he was leaving and told him that I needed advice on marketing Senior Housing since I had never done it. He agreed and said that we he wanted his sales and marketing people to be happy and successful. I told him the place needed a leader due to the chaos in the building. He attended one sales meeting with two other people and me on the inside. I was given a blank marketing template and asked to complete it. Since then he has not attended another meeting.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is***** have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? Have you thoroughly reviewed the employee handbook for language that states the handbook does not create a contract and/or management has or retains the right to change policies at will or employment remains at all times "at will"? Do you think the manager who terminated you had an ulterior motive in terminating you, perhaps your age, race, gender, disability or religious beliefs?