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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  Exclusively practice labor and employment law.
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I was fired from my place of employment. This all started with

Customer Question

I was fired from my place of employment. This all started with my refusal to take a $20,000 decrease in my salary. 3 years ago my employer & I had a verbal agreement that I would work for $72,000.00 a year and I would work for him for 10 years. When I refused to take the wage reduction, I feel my employer was looking for a way to get rid of me. He told me that a subcontractor threatened to file a lawsuit against him. 2 days later I came to work & he told me that with the previous conversations that we had,I was no longer employed. I have sent numerous text messages & emails to have my personal items delivered to my home and I have had no response. I am 63 years old and it not that easy for me to find a job. What can I do?***@******.***
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Under the Nebraska statute of frauds oral contracts that must be their terms span one or more years are void (such contracts must be in writing). Therefore, any contractual claim you made would be dismissed very early in the lawsuit. As such you are an employee at will - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.In your question you do not provide any information that leads me to believe you were fired for one of these exceptions. If you believe one applies, let me know and we'll further discuss the matter. Otherwise, the only recourse you do have is to file for unemployment compensation.
Customer: replied 1 year ago.
What about my personal items that are still in his possession?
Customer: replied 1 year ago.
I have over $1,000.00 of personal items still there. I have paid for the granite that I told him I need it delivered to my house
Expert:  John replied 1 year ago.
There are a couple ways to try to handle this. First call the police, see if they'll meet you there to assist you in picking the items up (i.e., ensure your safety and get the owner to allow you access to the property), if you tell them they are holding $1,000 worth of your property they may assist. Most times however they will not - stating that it is a civil matter for you to work out. The other option is to sue in small claims court for an action of replevin (return of personal property).
Expert:  John replied 1 year ago.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
Expert:  John replied 1 year ago.
Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.