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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I was terminated (asked to resign) of Interest romantic

Customer Question

I was terminated (asked to resign) for Conflict of Interest for a romantic relationship, but do not know exactly what they have to make that determination. Do i have any recourse for a package? Is it to late to go back and explore?
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 over 20 years of experience in the legal field. I’m happy to be of assistance. An employer is not really like a criminal court. They don't have to meet high levels of evidence for establishing their reasons for termination. External laws actually don't impose any burden of evidence on them at all. This is called 'at will' employment. Now, if you have some contractual protection (stating that you can't be terminated for cause) or a union contract, then you are legally protected from termination but still not at a level of criminal law (proof beyond a reasonable doubt). Instead, they just have to have evidence that would tip the scales in their favor, more likely than not. So, if you moth presented your arguments, if their argument was 51% convincing and yours 49% convincing, they win. You certainly have the right to request a severance package, but they have no obligation to comply. If they feel it would be worth it to them to avoid having to defend their decision in court, they may give you a severance in return for a waiver of suit. However, if they feel strong in their position, they can refuse the severance and force you then to take up the time and expense of trying to sue them for wrongful termination. 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.