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I have been fired without being given any documentation or…

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I have been fired without...
I have been fired without being given any documentation or reason. I work in DC, been employeed for 4 years, no write ups, and I am let go with the explanation 'It's time to move on'. Is this legal? To get deeper in the matter, My husband cheated on me with someone we work with. Rumor bursted out that I am getting fired for 'spreading rumors' about it. I have been bullied by that person and tried to get my bosses attention, but they choosed not to react. She is American citizen, I am not. I believe that had an impact.
Submitted: 8 months ago.Category: Employment Law
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9/29/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,218
Experience: Significant experience in all areas of employment law.
Verified

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 to hear that this happened. As a general matter, employment in DC 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 unfortunately means that an employee can be terminated without being given a reason. It also means an employer can be terminated due to personal conflicts, which is what it sounds like may have happened here. I trust wish I had better news to share, but I do trust that you will appreciate an honest and direct answer to your question so that you can move forward.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 8 months ago
Does that prevents filing for discrimination or retaliation? I have witnessed
something illegal done by my bosses and I believe this is also a payback.
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you. Discrimination is only illegal if motivated by a legally protected trait, as defined above. Retaliation is only illegal if motivated by the fact you engaged in legally protected conduct.

No legally protected trait would appear to be implicated here. It seems as though you were let go due to a personal dispute, which while unfortunate and unfair does not violate any law. Witnessing something illegal is not legally protected conduct. Had you reported your employer to the authorities and been terminated for that, you might have a case for illegal retaliation because such a report would likely be considered a form of protected conduct. But merely witnessing something illegal does not somehow make an employee immune from termination on its own.

Again if there is anything more I can do for you just let me know. It's my pleasure....

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Customer reply replied 8 months ago
In the long run, they have been emphasizing the written trails and how they cant just 'let go of someone' without the written pattern. I am the only exception to the rule in years.
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

Thank you, ***** ***** I'm afraid this does not change the answer here. I truly wish I had better news.

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Customer reply replied 8 months ago
does disparate treatment apply to this case?
Employment Lawyer: Patrick, Esq., Lawyer replied 8 months ago

No, that is not a legal theory that would apply or change the answer here, I'm afraid to say.

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