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To whom it may concern":I believe I was recently wrongfully…

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To whom it may concern":I...
To whom it may concern":I believe I was recently wrongfully dismissed from my job after 20 years of loyal service, I worked for a rehabilitative hospital in Hollywood, Florida. I was the nighttime supervisor of the respiratory therapy department. On August 7, 2017 I was called into a meting with the my dept. head and was told I was dismissed for breaking a company policy and procedures. I believe that I was never given a given nor shown the manual of this policy for reference.I had repeatedly requested this, but my requests were ignored. When I was dismissed, there was no evidence of the written policy shown to me.I can discuss more details of the incident that lead to my terminationIf we can schedule a time to discuss it. At this time, I am being denied my unemployment claim which I would like to appeal for the same reasonsI have given above.I can be reached any time at(###) ###-####sincerely ***** *****
Submitted: 9 months ago.Category: Employment Law
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Answered in 1 minute by:
9/10/2017
Employment Lawyer: Loren, Lawyer replied 9 months ago
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,273
Experience: More than 30 years in legal practice.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Employment Lawyer: Loren, Lawyer replied 9 months ago
Before we begin a bit more detail would be helpful please.1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?3. Have you filed an appeal of the denial of unemployment benefits?
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Customer reply replied 9 months ago
No to the First two questions
And not yet on the appeal
Employment Lawyer: Loren, Lawyer replied 9 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment. So, even if you were not aware of the policy, it would not, necessarily, give rise to any sort of claim for being terminated, since they have a right to terminate with or without cause.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise, but I do not want to see you spinning your wheels on this claim, with little likelihood of recovery.

Do however file the appeal. You may wan to retain an attorney for the appeal, as you may have a pretty good shot at getting the initial denial reversed.

If you need assistance finding local counsel for the appeal try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

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Employment Lawyer: Loren, Lawyer replied 9 months ago

Did you have further questions? Please let me know if I have answered your question.

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Employment Lawyer: Loren, Lawyer replied 9 months ago

Are you online with me?

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Employment Lawyer: Loren, Lawyer replied 9 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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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).

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