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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12786
Experience:  Significant experience in all areas of employment law.
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I feel I was wrongfully terminated from my job on

Customer Question

I feel I was wrongfully terminated from my job on 10-20-2016. On this day I was told I was to have a meeting with three of us and it was to be for reprimands that had been put together that afternoon. One of the reprimands was about my hand writing. Another was parking in the warehouse and unwilling to follow rules. Another was problems on my jobs. There were seven in all. What they were talking about had past weeks ago and months ago. I asked for copies and was refused. I have now asked four times and still refused. The person who fired me, I did not know he had that power to do so. When meeting with the owner he stated that he did not have the right to fire me. I also feel I was being discriminated against and in a hostile situation and keeping me from doing my job. I have hours of overtime and never compensated for it. I was on salary and commission. Is this something I can move forward on? ***** *****
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

Frank, I am truly sorry this happened to you. I really hate to be the bearer of bad news with regard to your situation, but unfortunately employment in all states but Montana is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

This means that you can be terminated for violations that occurred months or even years ago. It means your employer doesn't have to give you any documentation to support their decision. It also means that it wouldn't matter that the individual person who fired you did not have authority to. If your employer is backing the decision that's all that matters. Basically, in a nutshell, while it seems your termination was highly unfair you have not described illegal conduct on the part of your employer. You can try escalating your complaints to corporate and/or asking your employer to reconsider it's position. You can also apply for unemployment benefits which you should not have trouble getting approved for. But based on what you have described, you would not typically have any legal basis to sue your employer. I am terribly sorry.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 10 months ago.

Frank, was there anything else I can do for you?