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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I failed to follow company policies by completing a document

Customer Question

I failed to follow company policies by completing a document on behalf of borrower and approval of my loan officer after the document was signed by borrower. I was fired from my job of 14 years because I was less then truthful to HR. Even though I explained on my interview to HR and investigative services that I completed the documents based on customer service issues and approval by my loan officer. on my initial interview with HR and investigative services I was asked if there's pressure by my loan officer and I responded that I did had a lot of pressure from him but I still got fired. I first interviewed with HR on 8/01/2017 but did not get fired till 8/28. I wasn't told of the exact reason for my firing by my manager. He just said there was consistencies and they had to let me go. I'm a sales assistant and my loan officer is a heavy hitter loan officer. I feel I was let go because I don't bring revenue to the business. Citi is laying off staff across the country and firing me for this issue is easier and Citi doesn't have to pay a severance package. There has been another loan officer who got in trouble for pulling a borrower's credit without his permission but because she is a heavy producer, she did not get in trouble. A few days before my dismissal, my loan officer did exactly the same thing I was fired for. He checked the attestation box on a 4506t form after the borrower had signed it. This is my job of almost 15 years and I'm being let go because I was trying to avoid a customer issue between the borrower and the branch due to delays from Citi.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry you were let go. Are you asking if this treatment is illegal? Can you clarify what specifically it is that you would like to know? I very much look forward to helping you on this matter.

Customer: replied 1 month ago.
Hello Patrick,
yes, I would like to know if its legal for them to fire me. specially because on the original interview they knew one of the reasons I completed the forms was because of my loan officer's pressuring me.In 2016 I ended up in the mental health clinic due to the amount of stress my loan officer placed on me but I was not given the opportunity to take days off to recoup. I told my direct manager that I did not want to work with my loan officer and he's answer was that he did not have any other positions available.
Expert:  Patrick, Esq. replied 1 month ago.

Thank you for clarifying.

Unfortunately, I must tell you that employment in the state of California is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. This regrettably means that you can be terminated under the circumstances you have described, even if you felt pressured to do what you did, even if other people were not fired for similar offenses, and even if this was all just a fabricated pretense to let you go due to larger cutbacks. None of that changes the fact that employment, at its core, is a voluntary relationship between two parites which either party can choose to end at any time, subject to very few inapplicable exceptions.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.