Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My daughter just was terminated. She had another employee…

Customer Question
My daughter just was...

My daughter just was terminated. She had another employee accuse her of something technical, of which she addressed that the rule was changed without her knowledge, the other employee got in her face and yelled at her, she yelled back. Her employer terminated her for the outburst even though she was just responding to the aggressive nature of the other employee. Can she fight this termination?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Albuquerque NM

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full Time I believe, 40 hours a week.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 8 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
9/8/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,471
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

I’m very sorry to hear about this situation. The answer to your question is yes, she can fight this termination. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. Basically, if the boss terminated her without giving her a chance to deal with the situation, then it is likely that she may be successful if she took the employer to small claims court. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,471
11,471 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle 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

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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'm not sure if this is qualifies as a employment law
I'm not sure if this is qualifies as a employment law question, but here go: … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I worked with a Canadian company and they terminated but are
I worked with a Canadian company and they terminated but are refusing to pay the last 2 weeks, they say because of breach of contract but that is not in the signed agreeemtn. what can I do… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question regarding employment law. I have not
I was on an FMLA leave during that time an investigation into me took place and upon my return from leave I was terminated… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Just had a couple of questions regarding employment laws for
just had a couple of questions regarding employment laws for Exempt Full time salaried employee … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
Do you deal with employment law? A company is running a
a company is running a background check on me I was just wondering if I need to disclose a civil lawsuit that was dismissed almost 7 years ago … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is a employment law case. I was terminated on
i was terminated on 8/2/2017 and asking the court for my job back,. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
I have a question on employment law, particularly during the
i have a question on employment law, particularly during the termination process and two weeks notice policies … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
I have a question about employment law and whether I have a
Hello, I have a question about employment law and whether I have a case. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I wanted to consult with an employment law lawyer to ask
Hi I wanted to consult with an employment law lawyer to ask questions regarding a severance pay package I received yesterday upon termination … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was fired in breach of contract, they can fire me without
I was fired in breach of contract, they can fire me without reason but they have to give 7 days notice. There was also workplace harrassment, bullying, retaliation, sexual harrassment, theft and unpai… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
775 satisfied customers
I have an employment law question. At will, salaried. Can a
Can a non compete, non disclosure contract for employment be voided if the person was on psychiatric medication for 2 months before signing it?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
Looking for employment law guidance - regarding an employee
Hi. Looking for employment law guidance - regarding an employee that has gone on disability but we believe is falcifying her condition. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a question related to employment law. All of the
Have a question related to employment law JA: Was this discussed with a manager or HR? Or with a lawyer? Customer: All of the above... JA: Is the workplace "at will" or union? Is the job hourly or sal… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I have a question about employment law in regards to a
I have a question about employment law in regards ***** ***** employer who has not paid me final commmisions … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Employment law question regarding settlement language -- my
Employment law question regarding settlement language -- my former employer will not sign a mutual non-disparagement - I have full disparagement but they only wants to limit to a few employees - more … read more
Thelawman2
Thelawman2
Doctoral Degree
1,358 satisfied customers
Employment law Constructive dismissal as retaliation for
Employment law Constructive dismissal as retaliation for sexual harassment and FMLA limitations… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,266 satisfied customers
Apart from breach of contract, when an employer a 1099
Apart from breach of contract, when an employer a 1099 independent contractor and provides information regarding policies and procedures (given months after a contract was signed) which must be follow… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,920 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