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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19179
Experience:  Employment/Labor Law Litigation
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I have been with my employer months. In a meeting yesterday

Customer Question

I have been with my employer for 3 months. In a meeting yesterday he said that my employment just isn't working. He asked me to select a different position within the company that would be a better fit. I did and was then told it was not available (he never gave me any available options). I was then told that I could be paid for a few weeks and be done. What are my rights? If I decline the request of a payout can they fire me?
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.

If you do not have an employment contract that specifically states you can only be terminated for cause, then yes you can legally be terminated at any time, without cause or warning. This is referred to as "at will" employment. They don't have to provide you with other work options or give you the chance overcome whatever their issue might be.

You really don't have any rights over that, unless you have evidence suggesting that their actual motivation is your race, religion, gender, age or disability. You'd need some overt statements that indicate that their motivation is discrimination against one of those factors. If you have that, then you can file a claim of discrimination with the EEOC.

Without evidence of that nature, you really only have the right to file for unemployment.

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 after the response I previously provided to you. 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.