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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19109
Experience:  B.A.; M.B.A.; J.D.
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I was wondering about something that happened to me on

Customer Question

I was wondering about something that happened to me on 7/29/16. I was called in a meeting with my manager and the employee relations manager on 7/29/16. It was sent as a mid year review. When I got in the conference room I didn't realize that the Employee Relations manager would be there.
My manager said that the company was restructing and going in a different direction and that my job was being eliminate and that 7/29/16 was my last day of employment with them. I asked if it was something I had done and they both said no. They said again they were going in a different direction. I asked if it was my job performance and again they both said no.
My manager then said I'm sorry Wonda and she left the room. The Employee Relations Manager stayed and read the Separation Agreement and full general release to me. It stated they were going to pay me for 2 weeks and 24 hours of vacation, but my health benefits would end the very next day on 7/30/16.
On yesterday I got a text from the other employee in my department that was told the same thing that showed that the my job was now posted on Heartland Automotive Services Inc. job site board. The same job they told me they eliminated and was going in a different direction. I feel that I was fired without cause. I'm now out of a job with no insurance. I'm the only person in my household that pays all the bills. I'm 52 years old and a female who is an African American. So I'm also in a protected class. Do I have a case that I should move forward on?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 11 months ago.

I am so sorry to read about the way you were treated.

Were you the only African American working there?

As you may be aware, if you are an employee at will, an employee without an employment contract, your employer can terminate you for any reason or for no reason at all so long as the termination has nothing to do with your race, gender, age, religion, or other prohibited grounds. So, unless you can prove that you were terminated because you are an African American female, you would not have a case for wrongful termination. If you do have a case for discrimination, you can file complaint with U.S. Equal Employment Opportunity Commission.

Regardless of the reason for your termination, your employer should have given you notice regarding your COBRA rights--rights for continuation of health insurance coverage for you and your family members. For more information on your COBRA rights, click on the links below:

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 11 months ago.
No I'm not saying I was laid off because I was black. I'm saying they let me go because they said they were going in a different direction and then posted my job on their web site to hire another person. So they were not going in another direction they just didn't want me there. I asked if it was my job performance and they said no. So they can basically fire me one day with a lie of doing something different, and then post the job and hire someone else
Customer: replied 11 months ago.
They tell us to give them a two weeks notice, but they just fired me (under the lie of restructuring) and posted the position the next day. That does not seem right to me.
Expert:  Phillips Esq. replied 11 months ago.

Thank you very much for the information.

I do understand your frustrations. However, so long as the termination is not based on your race or other prohibited ground, they can do that even if it is unfair and unreasonable for them not to give you two week's notice as you would have been expected to give them if you were the one leaving.

I am sorry that I do not have better news for you.

Best wishes,