Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a Dental Hygienist in New Mexico. My employment was…

Customer Question
I am a Dental Hygienist...
I am a Dental Hygienist in New Mexico. My employment was recently terminated, and I am not sure what to do.
I was not provided a reason for the termination. I suspect it has to do with producing less revenue for the practice than some of the other Hygienists, but again the manager would not provide comment or explanation when I asked what was going on. A few months ago my employer (a private dentist) partnered with MB2 Dental Solutions, a management company. A representative of the company relayed my termination via phone, the Dentist was not in the room and I don’t know how much he was involved.
Should I file for unemployment? If I do, what do say when I don’t know why I was fired, and if it was with or without cause?
Can I contact the Dentist directly for more explanation, since the management company won't provide details?
I am concerned going forward looking for a new job, because if a potential employer contacts my previous employer I have no idea what they will say. Do I have any right to know, and how much information can my previous employer disclose about my job performance and eligibility, or why they decided to terminate me? I don’t want an unknown black mark following me the rest of my career.
Thank you for your help.
Submitted: 5 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
11/16/2017
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,329
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 (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, 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.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm sorry to hear about your situation. You could file for unemployment so long as the reason for your termination was through no fault of your own. Unemployment requires that those individuals who were not terminated for gross misconduct and were just terminated because of a decision made by the employer, then they can apply for unemployment. Even if you do not know the situation, you can tell the unemployment authorities that you do not know that you were terminated. If you have reason to believe it was a revenue issue, you can say that. That is not normally considered an issue of "gross misconduct." What they mean by "gross misconduct generally is that you stole, lied, cheated, or did something terrible to get fired.

You generally don't have a right to know why you were terminated at all, unfortunately. Employers can terminate you for any reason at any time unless you have a contract that says otherwise. I'm very sorry. You could always request; however, there's no legal right to know.

Did you have any other questions for me?

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Thank you for your quick response. I suspected as much, but am thankful for the confirmation.
You said I don't necessarily have a right to know why I was terminated, but I am still concerned about what information my previous employer is able to disclose about the situation. As I go about looking for another job, can my former employer say things about me to a potential employer that they never said to me? I would hate to end up loosing future work opportunities based on something I have never been given an opportunity to refute. Is there any way to limit that risk?
I know it is a bit more general of a question, but do you have advice about what may be the most truthful but least incriminating wording to use on a resume or application when stating why one is longer at their previous job?
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

You're certainly welcome. Your employer can provide some information to prospective employers without being liable for defamation; however, this is a qualified privilege. This means that they can be honest about their opinion of your professionalism and work ethic, but if they begin making up stories or relating things to future employers that are irrelevant, but damaging about you, then you could potentially sue them for defamation. I've been fired from three jobs before, and I can tell you that I usually just do not put down the reason why I stopped working at that place. If it comes up in an interview, I would probably suggest just explaining that you were let go because you had trouble selling, but they didn't go into details, so you suspect that it wasn't personal, but just a business decision. what other questions did you have for me today?

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8,184
8,184 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina 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 recently collected unemployment benefits and now after a
I recently collected unemployment benefits and now after a few payments I have received a notice that the temp agency I was hired through is claiming they shouldn't have to pay for these benefits sinc… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was asked �how old are you� doing an interview for a
Second opinion] I was asked �how old are you� doing an interview for a promotion at work… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
If one quits their job ,are they eligible for unemployment.
if one quits their job ,are they eligible for unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can you verbally ask an applicant during the interview
Can you verbally ask an applicant during the interview process if they are currently drawing unemployment? Can you ask on a application if the applicants are currently drawing unemployment?… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a question regarding unemployment versus disability
Hi. I have a question regarding unemployment versus disability for one of my employees in Colorado. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I have a phone interview with unemployment next week to go
Hi I have a phone interview with unemployment next week to go over my claim from last year. There were parts I messed up on by putting myself self employed instead of having an employer for one day jo… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
If we are interviewing an applicant for a field laborer
If we are interviewing an applicant for a field laborer position, are we allowed to ask them if they have ever experienced a previous work injury, and if so, inquire about the circumstances surroundin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a claims examiner interview today at 10:00 am. And
Second opinion] yes i have a claims examiner interview today at 10:00 am … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I've interviewed with a temp agency will that cause a
I've interviewed with a temp agency will that cause a problem with my unemployment benefits from my previous job that was eliminated after 30 years and I'm still on severance … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a fact-finding interview with the Employment
I have a fact-finding interview with the Virginia Employment commission regarding my unemployment filing, and I would like some advice on how to handle the call. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was claiming unemployment but then accepted a job as an
I was claiming unemployment but then accepted a job as an Accounting Manager. The Vice President of Finance kept giving me directives and treated me as his personal assistant. It prevented me from hav… read more
Pheobe Clark
Pheobe Clark
Attorney
JD
119 satisfied customers
I have been terminated, nothing signed, no exit interview,
I have been terminated, nothing signed, no exit interview, no termination agreement. Simply a telephone call from HR Manager stating that I was suspended pending and investigation by our HR manager. Several days later, I was informed that the "company" was severing my employment and that my direct manager would contact me to get property. That manager and I met exchanged property. When I asked the reason for my dismissal, she stated "violation of company policy". My inquiries about specifics met with "I don't know" My manager stated "all I was asked to do was complete the request for termination document".. Thinking I need to contact attorney however do not know where to begin. Please advise … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,769 satisfied customers
I was terminated from my job and was denied unemployment. Is
I was terminated from my job and was denied unemployment . Is there anything I can do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I did a working interview while on unemployment and claimed
I did a working interview while on unemployment and claimed it and now have to open up a new claim. I'm fearful I will now not receive my benefits … read more
Ray
Ray
Lawyer
Doctoral Degree
32,134 satisfied customers
I am doing my nj unemployment claims examiner interview
I am doing my nj unemployment claims examiner interview today … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My daughter was denied unemployment for she was terminated.
My daughter was denied unemployment for she was terminated. She made a copy of some notes that her boss had in her desk. I believe she was under emotional distress and had a monetary loss of judgment.… read more
Legal Eagle
Legal Eagle
Lawyer
10,329 satisfied customers
I was recently terminated from unemployment of 16 and a half
I was recently terminated from unemployment of 16 and a half years due to an error in medication that was prescribed by my pain management doctor that a warning to human resources was ignored . I'll h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have an unemployment claims interview scheduled for tomorrow
have an unemployment claims interview scheduled for tomorrow morning and was looking to see what to expect. I noticed that if I am ruled fired for misconduct you do not receive benefits. The explanati… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 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