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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5235
Experience:  Licensed to practice before state and federal court
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My daughter just was terminated. She had another employee

Customer Question

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?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Albuquerque NM
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full Time I believe, 40 hours a week.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

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.

Expert:  Legal Eagle replied 1 month 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.