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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12405
Experience:  JD, MBA
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I work for Cintas Corp and have recently been documented for

Customer Question

Hello- I work for Cintas Corp and have recently been documented for following the direction of my Director and HR Director. I was instructed to hold several employees accountable for not meeting expectations, the employees were dissatisfied with said feedback and complained about my approach which was exactly the approach I was instructed to use. I am concerned about my job security now as I was documented for such action despite the fact that I was guided to go in the direction I did. If for some reason I am terminated for this situation do I have cause for wrongful termination.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am only in the beginning stages of the documentation with a "Note to file" which isn't even a write up but Cintas is known for creating situations to eliminate individuals if there is a risk of exposure, this is the first time there has ever even been a coaching conversation in regards ***** ***** issue in my leadership. The HRD tried to manipulate the conversation by stating that the direction I went wasn't exactly the direction they stated by altering verbiage but when I compared the verbiage to the situation there was no argument.
Submitted: 2 months ago.
Category: Employment Law
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, it is unlikely that you could prevail in a wrongful termination lawsuit in this situation, provided you have no employment contract that limits why you can be terminated. This is because Missouri is an at-will employment state.

If a person has no employment contract that limits the reasons that he can be terminated, then he is considered an employee at-will. The employment at-will doctrine states that either the employer or the employee may end the employment relationship at any time and for any reason.

Over the years, courts and legislatures have carved out narrow exceptions to the employment at-will doctrine for illegal discrimination and retaliation, but they are exactly that -- Exceptions. If the exceptions don't apply, then the courts will simply view the termination as a lawful business decision, and therefore, such a decision will not be overturned even if it was unfair or can be proven to have been poorly made. It sounds harsh, but it's that same principle that allows the employee to immediately quit that job if he were to find something better. In other words, the employer is not shackled to the employment relationship any more than the employee is shackled to it.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

Expert:  TJ, Esq. replied 2 months ago.

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.