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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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I was the manager of 2 assisted living homes 2 yrs. Based on

Customer Question

I was the manager of 2 assisted living homes for past 2 yrs. Based on a false claim by another staff, i was terminated yesterday. The owner was trying to throw around all kinds of excuses. The owner is actually bipolar and goes off occasionally and does crazy stuff. I asked my employer for a letter stating why i was terminated, but he wont provide that. There was never actually one reason given to me yesterday. I believe its because i provided the owner with a picture of neglect by another staff. Can i force him to provide me with a reason?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.

In employment law, if you do not have a contract of employment that expressly states that you can only be terminated for cause, your employment is "at will." An at will employee can legally be terminated without cause. An at will employee can be terminated for a cause that isn't really valid. The employer doesn't have to provide proof or even state a coherent reason.

So unless you had an employment contract like I mentioned, you can't force them to give a reason for your termination. You can certainly file for unemployment and that would force the employer's hand, because they would have to either allow it or contest it, and then they would have to give a cause. You'd be able to fight that cause because you'd know what it was AND you'd be in a stronger position, because they refused to give you the cause when you were terminated and that will make it appear as though they are now fabricating or overstating a cause just to avoid the expense of unemployment.

Now, you also stated that you believe you were terminated based on the false statements of others. If you know who, you can sue them individually for defamation of character, with the damages being the loss of your job. They made false statements of facts about you to another party (your boss) which caused you harm. Knowing the exact accusations made against you is difficult though, but the former employer could be subpoenaed to give information on what exactly was said and by whom.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.