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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19217
Experience:  Employment/Labor Law Litigation
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I just got fired from you job yesterday. The reason given to

Customer Question

I just got fired from you job yesterday. The reason given to me was that I was not a good fit based feedback that HR wanted me to provide about my experience during my first 60 days of employment. The feedback questions were to be reviewed together with my manager. Although the feedback was positive and constructive my manager did not like the feedback about her. The next day I was called in by HR and was told about my termination and the reason was based on the 60day feedback. Do I have a case to file for a wrongful discharge suit?
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.

The only way these facts would constitute a wrongful termination claim is if your employment is not "at will." At will employment is the default status for employment in the U.S. You can legally be terminated at anytime, with or without cause, if you are an "at will" employee. Even causes that are unfair or bias don't create wrongful termination claims in an "at will" situation.

So, the only way to not be an "at will" employee is to have a contract of employment that expressly states you can only be terminated for cause. Then you'd be able to sue for wrongful termination in violation of your contract.

Without a contract, the only other possible claim is if you can show that the employer's actual motivation was your race, religion, gender, age or disability. The facts you outlined here though suggested another motivation, which was her not liking the feedback she received. While that is a petty reason to terminate someone, it is not an illegal reason, and is not based on race, religion, gender, age or disability.

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. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. 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.