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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118811
Experience:  20+ Years of Employment Law Experience
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I'm unemployed and I have been since February 5 of this

Customer Question

I'm unemployed and I have been since February 5 of this year. I work for a group home I live 8 minutes away from the home that I worked at. They moved me farther they knew I didn't have a driver license so I couldn't get to the other location. The Administrator of the company was supposed to get in contact about the issue but he never did .he terminated me after 2 months and I haven't filed what do I do?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Is the employment agreement "at will," union, full time or part time?
Customer: At will but I worked full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: The other home that he was trying to send me to I was basically only going to be there for 2 months because he fired everybody that didn't have a driver licence but I've never had one. There's some people that still work there that don't have one. I don't know if they we're just trying to get rid of me or it was protocol
Submitted: 5 months ago.
Category: Employment Law
Customer: replied 5 months ago.
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Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, I am afraid the fact you did not have a license would not be the fault of the employer. So if you could not get to work and they assigned you to a facility you could not get to because of lack of a license, the employer is not liable for your termination I am afraid as it is the employee's duty to be able to get to work. So if the others who are still employed can find a way to work they would not be fired, but if they cannot get to work then that is up to the employer to fire them or make arrangements. If the employer refuses to make arrangements, then unless they did this to you ONLY because of your age/race/sex/disability/national origin, you would have no recourse under the existing laws.
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Customer: replied 5 months ago.
I was the only one moved from that house I live 8 minutes down the street from that particular house. He moved me further than I can afford EVERYBODY THAT DIDNT HAVE LICENCE WAS SUPPOSED TO BE LET GO OF PER MICHIGAN RULES. Not some people ALL people as I stated IF I could by chance had gotten to the other location I would've only been there for 2 months because last month he sent out an memo saying if people didn't have driving licence they would be let go.it's not about who can get there it's about why are some still there without one and other people was let go? And he should of never hired me in the first place after I told him I driven a car in my life.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
I understand, but the fact you do not drive is not his problem. If all the people he let stay are not of the same race/sex/age as you are then you can file a complaint with the EEOC about discrimination based on one of those reasons. Otherwise, as a 2 month employee, you were an at will employee and can be terminated for no reason at all or any reason other than only based on your age/race/sex/disability/national origin and you have no legal recourse under the MI or federal laws.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 5 months ago.
I was at that establishment for almost 2 in a half years and I think I will file an EEOC against them
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
You said you had been there for 2 months when he informed everyone they must have a license. The EEOC will investigate if you have evidence that the only reason he terminated you was based on your age/race/sex/disability/national origin. If the EEOC does not find evidence one of those reasons, then they will close the case.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 5 months ago.
No I've been at that establishment almost 2 in a half years when he did that and I don't have a drug habit and I don't do no call no shows and I don't have people calling the office requesting they help pay the money I owe to people either
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

I understand your frustration, you would have to show evidence of age/race/sex/disability/national origin discrimination though to have any legal recourse against the employer. Absent showing one of those reasons, you legally have no case against the employer.

Customer: replied 5 months ago.
You don't understand my frustration.I'm basically telling you they let someone that does drugs work there and haven't drug tested her but based on on of the managers suspicion I was drugged tested and it came out clean. People have their picks and favorites and you can't tell me otherwise
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

I do understand your frustration, but everything you keep saying is not something that gives you a right to sue them. The fact they did not take action against someone using drugs or someone else without a license is not even part of your claim UNLESS you prove the ONLY reason they terminated you was your age/race/sex/disability/national origin.

Under the MI at will employment law, it is not illegal for them to play favorites, so you cannot sue them for that reason. I wish I could tell you more positive information, but I can only tell you what the laws say based on the facts YOU are providing above.

Customer: replied 5 months ago.
She's still there without a license make it make sense. If Michgan say ALL EMPLOYEES is supposed to have a driving license that works in group homes WHY IS SHE STILL THERE???? Can you give me a real explanation
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

I am not working there and have no communication with the employer, so for you to make that demand on me is quite unfair, because I would be simply guessing. Furthermore, that does not matter, since what matters in your case is that for at will employment your employer can fire you for any reason except your age/race/sex/disability/national origin and if you want to make a claim against your employer you have to sue on one of those grounds.

Customer: replied 5 months ago.
How is it unfair when others and myself have been let go of and she hasn't.
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your reply.
The law I am sorry to say, does not say that at will employment is "fair." I agree that this situation may be unfair in that they terminated you and not the other employee, but again, the law only says they can do so as long as the ONLY reason they did so was not based on your age/race/sex/disability/national origin. It is the law itself that is unfair I am afraid.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 5 months ago.
Perhaps you are right and it's not worth fighting for yourself if everything is stacked up against you
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

I am afraid that the at will employment laws are not written to favor the employees, but we attorneys did not write them and only have the unfortunate mission at times of explaining them to customers who get upset about being terminated.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Customer: replied 5 months ago.
I wasn't terminated due to that it was because he moved me far and I couldn't get to the next city and he was supposed to get back in contact with me about the situation but he never did and 2 months later he terminated me basically didn't want deal with it because it doesn't take 2 months terminate anyone. He made it like I walked away when he knew the reason he could've came to a decision in 7 days bit he didn't
Expert:  Law Educator, Esq. replied 5 months ago.

Thank you for your reply.

I know what you said you were terminated for and I told you that the employer can terminate you for that under the laws on at will employment and then I told you the only reasons the employer could not terminate you. If your facts do not fit into the reasons where an employer cannot terminate you, then you have no legal grounds to sue, as I said above.