Employment Law Questions? Ask an Employment Lawyer.
Good afternoon. I am Loren, a licensed attorney and I look forward to answering your question.
Do you have a written employment agreement requiring cause for termination?
Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.
The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.
If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.
Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Unfortunately, there is no legal obligation to start you if you are an at-will employee. An at-will employee may be terminated at any time and for any reason, or no reason.
I am sorry, there is no legal claim to assert.
You should still qualify for unemployment if you were otherwise eligible before you accepted this position.
If, upon further reflection, you believe you were terminated due to your race, religion, ethnicity, etc, you can file a claim with the EEOC.
Correct, there is no breach of implied covenant or fair dealing for an at will employee.
If you were qualified for unemployment based upon prior earnings in the last 4 quarters then check again, because you are likely still eligible under the same qualification since you never started the new job due to being terminated before starting.
I am sorry. I realize this is difficult for you, but at will employees are really serving at the whim of the employer. A termination for any reason other than sexual harassment or membership in a protected class is viewed as office politics by the court.
You are not an at will employee if you have a written employment agreement for a specified time period requiring cause for termination.
The employer is not legally required to give a reason for termination, unless there is an allegation of wrongful termination due to a civil rights violation.
They would have to have had your permission to make an inquiry on your credit. If a hard inquiry occurred without your permission, check your credit reports to see the full details of the inquiry and determine if you should attempt to dispute it with the reporting agency.
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