Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I think that I am about to be terminated due to a

Customer Question
conversation that I supposedly had...
I think that I am about to be terminated due to a conversation that I supposedly had. However, I can't even remember the conversation and they will not even tell me who the accuser is or if anyone witnessed this. I have an excellent record and have been with the Company for almost 30 years. Can they do this? Is there anything that I can say to them to prevent this from happening? I am in a state of shock...
JA: What state are you in? It matters because laws vary by location.
Customer: Minnesota
JA: Has anything been filed or reported?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: They allege that the conversation was maybe against Company policy and I am in Management
Submitted: 4 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 4 months ago
The conversation that they alleged I had was the following: "I do not agree withthe discipline that the Company is giving to this individual. However it is out of my hands. I do not want to deliver it and so they may fire me because I am in an at will state".
Customer reply replied 4 months ago
I think they are trying to get rid of me because I am 67 years old and they want a turnover to younger employees. Also I just filed an OJI. And also they are about to offer a buy out package...
Answered in 23 minutes by:
7/26/2017
Employment Lawyer: John, Employment Lawyer replied 4 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
Experience: Exclusively practice labor and employment law.
Verified

You have a right to view your employment file in your state. What I'd suggest is you get a copy of that, review it and take it to an attorney if you find anything suspicious. Further, in your state, as in most states, at will employee can be terminated without much of any due process (i.e, without an investigation, or even the reason for termination being correct). If your file shows no reason or a fabricated reason , however, for termination, the you can make a case for age discrimination.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
Right now there is an "investigation" being done. They have called me in again tomorrow and will be asking me the same question that they did in the first meeting - "what do I remember about this conversation on a hotel van", then they give me just snippets of the conversation and stare at me. Is there anything that I can say that may intimidate them like they are trying to intimidate me?
Employment Lawyer: John, Employment Lawyer replied 4 months ago

With regard to investigations, there isn't much the employee can do in that phase of the matter (there isn't even the right to know why an investigation is occuring) but the employee should take a few steps to insure a fair investigation. First, the employee should request and review a copy of his/her personnel file. This may give the employee some background and/or contain the allegations against the employee. Next, the employee should try to gater as much information as possible about a) what is being alleged and by whom, b) who if anyone is a witness and what they are alleging, and c) what will be the protocol/procedure for the investigation and how long will it take.

Next, take some time to think about facts that you believe are relevant to the matter - what bolsters your side of the story, what is the backgound of the matter, what facts may hurt you, are the witnesses and alleging person being truthful - if not what disproves their allegations. When you've exhausted our recollection, write yourself a timeline of events (for your eyes only). Ultimately, you may want to distill this background into facts that you believe show your innocense in the matter. You will want to be sure you bring such a list with you if and when you are interviewed about the matter. Investigations vary in time length and scope. So it may take some time for you to have a result in the matter.

One you have a result - which will range from no finding of guilt to termination of employment, you'll want to then inquire how this will affect future employment (whether it be with this employer or another) - will the matter be in your file, will managment tell others about the result. The employer may also allow you to place your version of facts in the personnel file. Ultimately you'll want to mitigate the damage to your reputation as much as possible. That can range from asking the employer not to place the contents in your file to suing the alleging party for defamation and slander. Most employers these days will not as a matter of practice place the results in the file or give any reference at all as a matter of practice for fear of being sued.

Ask Your Own Employment Law Question
Employment Lawyer: John, Employment Lawyer replied 3 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

Ask Your Own Employment Law Question
Ask John Your Own Question
John
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,800
5,800 Satisfied Customers
Experience: Exclusively practice labor and employment law.

John is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

5,800 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I had an age discrimination law suit filed by an attorney
I had an age discrimination law suit filed by an attorney who subsequently removed herself from my case due to litigations against her for malpractice. My case went before DORA who gave a half hearted… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am filing an age discrimination lawsuit against my ex
I am filing an age discrimination lawsuit against my ex employer, like any project I need to package the file the proper way, any advice to work on this ?… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
206 satisfied customers
I'm wondering if I have a potential age discrimination case.
I'm wondering if I have a potential age discrimination case. Recently let go and my previous employer hired a younger person at lower salary who I trained and then was let go. She was hired with my sa… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Lawyers that handle age discrimination cases and race cases.
Lawyers that handle age discrimination cases and race cases … read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
I have a question about age discrimination. Will this cost
I have a question about age discrimination. Will this cost me money? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
11,887 satisfied customers
I have a question about age discrimination. With both
I'm 65 years old. I gave a year's notice (January 2017) from my job because I'm the EA to the president of our company. That is what other EAs at the position have done. A few weeks after I gave notice they posted my job and hired someone immediately. She's 40 years old. I told them it was way too soon and I had given notice as of March 31, 2018. They told me not to worry that I would have my job until I left. They immediately had me train her and told me to find special projects to work on until I leave. I told them no that it was my job until I left. They told me to work on special projects and then just go home and travel, play with grandkids, whatever. My boss said it was a sweet deal and I should take it. I couldn't get him to put anything in writing. So now I have completed 5 special projects. The CEOs office is planning a retirement party for me December 15 and I will just stay home until March 31 and get my pay and benefits. Today the HR manager said I misunderstood and there were other projects to work on. I am just done with their lying and taking my job and giving it to someone else. What are my options?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,467 satisfied customers
Question on age discrimination person has been with company
Question on age discrimination person has been with company 26 years in same position age of person 72 Engineering Dept. Last two job performance reviews negative . The last job performance review was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Not sure if it's age discrimination but very well could be.
Not sure if it's age discrimination but very well could be. After 8 months in my current possition was given a scathing review. Non og these issues were ever discussed with me in the previus 8 months.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I sent info on Age Discrimination earlier, and did not get
I sent info on Age Discrimination earlier, and did not get any response. What Happened? Hans ****** ****************** ********** … read more
Damien Bosco
Damien Bosco
3,000 satisfied customers
I believe I am a victim of age discrimination on my job, how
I believe I am a victim of age discrimination on my job, how can I move forward with a suit … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I went to the EEOC for age discrimination. They in turn made
I went to the EEOC for age discrimination. They in turn made me sign an AOF retracting it for 90 days severance. I felt I was forced to resign … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What does it take to win an age discrimination lawsuit?
What does it take to win an age discrimination lawsuit? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
My VP is a real. I filed an age discrimination complaint om
Hi my VP is a real idiot. I filed an age discrimination complaint om Monday by wed. he filed a termination paperwork. He has admitted that lying is okay. I plaster HR with evidence and testimony provi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How does age discrimination go on for. is there a drop dead
how long does age discrimination go on for. is there a drop dead number of years? … read more
John
John
Employment Lawyer
5,800 satisfied customers
Lawsuit for age discrimination and retalation, Lumberton NC,
Lawsuit for age discrimination and retalation JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Lumberton NC JA: Is the employment agreement "at will," union,… read more
John
John
Employment Lawyer
5,800 satisfied customers
For an age discrimination and harassment law suit, do i pay
for an age discrimination and sexual harassment law suit, do i pay when the case is settled like an injury case? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I was on medical leave due to an age discrimination age
I was on medical leave due to an age discrimination age against me last year in my previous dept.. I filed a complaint with the DFEH and it will be going into investigation within 30-45 days. I return… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a complaint for age discrimination against my
I filed a complaint for age discrimination against my employer. It is now thirty days and they are not responding to the complaint … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x