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Do I need to be terminated from my employment to get legal

representation?...
Do I need to be terminated from my employment to get legal representation?
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Answered in 3 minutes by:
11/21/2016
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,250
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. No, you don't need to be terminated to get legal representation. But please note that we can't represent you. We can answer legal questions (the name of the site is "Just Answer), but are prohibited from accepting you as a client, per the terms of service of this site. The reason is so that we'll give you the clearest, most unbiased answer, free from a conflict of interest.

Can you tell me if you think that you're being targeted due to your race, age, religion, gender or disability? Is she doing this in violation of a written employment contract or clear written employment policy?

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Customer reply replied 12 months ago
I am a Woman, Hispanic, 54 years old with ADHD and Anxiety Disorder

Do you have any evidence that this is the reason that you're being targeted?

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I tried to accept your phone call request, but there was a payment failure. The site should be in contact with you soon to get that resolved.

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Customer reply replied 12 months ago
I just paid
Customer reply replied 12 months ago
Are you a Lawyer from Florida?
Customer reply replied 12 months ago
I paid the full amount

I'm a Texas lawyer, but employment law is 99% Federal law. Any issues that you have will be based on ADA, Title VII, ADEA, etc... which are all Federal laws (and thus apply to all states, and I can confidently assist you in that)

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Customer reply replied 12 months ago
I submitted the payment

I'm still waiting for the phone request to come back up. It pops up on my screen, I accept the phone request, and then presents a button to call you. It calls through the site, as I can't call you directly. Is there something on your screen where you can "request additional services", etc...? How did you request the phone call before?

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Customer reply replied 12 months ago
I paid $54
And I don't know what is next

I understand that. But how did you pay it? Did the site contact you saying that there was a problem with your initial form of payment? Is the option to request a phone call no longer on your screen? Again, I don't have anything on my screen that I can push to accept your phone call. As soon as I do, I will.

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Customer reply replied 12 months ago
I paid with a Visa

Initially? Again, Did the site contact you saying that there was a problem with your initial form of payment? Is the option to request a phone call no longer on your screen?

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Customer reply replied 12 months ago
Is it possible for me to get representation in Orlando, FL
Customer reply replied 12 months ago
I resubmitted the edit payment

You requested the phone call, correct? I tried to accept that request, but there was a payment failure. You stated that you corrected that payment failure. So if you want to resubmit that phone call request, I will then accept it.

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Customer reply replied 12 months ago
Can you help me or refer me to an Employer Law attorney in Orlando, FL

I do want to help you. Do you just want to use this chat function? You requested the phone call, but if you don't want the phone call anymore, we can continue here. That's up to you.

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Customer reply replied 12 months ago
Can I talk to you after 5:30 pm?

I'm not online at that time (I have regular hours) but we can go back and forth, where you respond and I'll get back in touch with you when you talk. This is a chat function, so I can only respond when I'm working.

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Customer reply replied 12 months ago
how late do you work?
I will like to make an appointment and please tell me how much do you change

I work through this site. That is, I answer questions, and get paid a portion of the amount that you pay. If I'm online (through 5pm) and not assisting another customer, I can assist you. If you request a phone call, like above, I can accept it (which I tried to do, but payment failed). In that instance we can actually chat on the phone. But otherwise it has to be here.

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Customer reply replied 12 months ago
I have a doctor appointment at 11:00 am and I can talk to you later or email you the information for your review.
I
Customer reply replied 12 months ago
Thank you,
How can I contact you?

I can't accept emails. Every communication has to be through this site, per the terms of service of the site. But when you get back from the appointment, respond to this and answer my previous questions. If I am still in the office, I will respond when I can.

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Customer reply replied 12 months ago
Ok, I will
I will use another credit card

Right here, through this site. Cannot accept emails or phone calls. If you request a phone call, I accept, and payment is processed correctly, the site initiates the phone call (again, it's through the site, always). But you would have to request that phone call on your screen so that I can accept it.

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Customer reply replied 12 months ago
Ok Thank you so much for your help. I will contact you as soon as I get back.
I will reply through my account on this website.
Talk to you later

Okay.

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I see you have not responded in some time. Did you wish to continue?

Ask Your Own Employment Law Question

Hello?

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Customer reply replied 11 months ago
Hi Scotty,
I wanted to let you know that I was terminated from my employment.
I know you mentioned that you have to be unbias. I just need to know if I call a lawyer for a legal representation on my case, what are the basic questions that a lawyer need from me. I will like to be straight to the point of what a lawyer is most likely to ask to accept a client.

You'll need to have the information ready that shows that there may be a case. You see, Florida is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion.

So the attorney is going to ask if you were part of a union or had a written employment contract, or if there was some written employment policy that was violated by their actions.

The attorney will ask if you feel (and if you can prove) that you were singled out based upon your race, age, religion, gender or disability, or if you were targeted for taking FMLA leave.

If you're asking about unemployment benefits rather than a wrongful termination case, the attorney would ask about the reasons given for your termination and if they contested the unemployment filing (which you would first have to do and be denied).

Having that information ready before you speak with an attorney would be a good idea. You also don't have to necessarily call. That being said, you can contact an attorney in your area that deals with employment law cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,250
Experience: Licensed Texas General Practice Attorney
Verified
ScottyMacEsq and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Hi Scotty,
You have done an Excellent job. I already contacted a local Employment Law attorney, but I wanted to know what to expect. Now I feel a little ready, I created a binder classified with all the details, I hope I have a case because I have been working in this company for 1.5 years and had already two wonderful Supervisors and never had an issue with anyone. Out of the Sudden a coworker is promoted to a Supervisor role and for the last 3 weeks since she started her new role I had a Verbal warning, then a week after on the same day the 1st and 2nd disciplinary and a week after, on Monday, December 5 I was terminated. I find these process very unusual for an employee that does not have any previous documentation at all of any misconduct.
Customer reply replied 11 months ago
Scotty you are Awesome! Thanks for your feedback, your help is appreaciated./Isabel P Aguayo

My pleasure. Thank you, ***** ***** good luck to you!

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ScottyMacEsq
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17,250
17,250 Satisfied Customers
Experience: Licensed Texas General Practice Attorney

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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