Employment Law

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I would like to take on Bank of America for a wrongful

Customer Question
I would like to...

I would like to take on Bank of America for a wrongful termination suit. If anyone would be willing for pro bona work call me.(###) ###-#### Thanks, Nichole

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NC

Lawyer's Assistant: Has anything been filed or reported?

No, not on my behalf.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Please connect me with the best you have. I did nothing wrong but ask for a phone call.

Submitted: 8 months ago.Category: Employment Law
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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 17 minutes by:
11/21/2017
Employment Lawyer: RobertJDFL, Lawyer replied 8 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,221
Experience: Experienced in multiple areas of the law.
Verified

Thank you for using Just Answer. We are not a firm or a site where you can hire attorneys -we are a question and answer site. I can give you information on how to find an attorney using various resources (though site rules prohibit me from giving you names of specific lawyers or firms) and am I happy to answer questions regarding your termination, but if you are looking for a lawyer on this site, you may wish to contact customer support at***@******.*** and request a refund.

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Customer reply replied 8 months ago
My termination was ridiculous. I asked a question from my employer and she didn't take the time to answer. My response was..when you give me the respect I deserve, I will follow suit. I was fired because I didn't kiss anyone's behind.
Employment Lawyer: RobertJDFL, Lawyer replied 8 months ago

Did you have an employment contract or union agreement? Most people don't, as those are very rare, but I need to know to give you a complete answer.

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Employment Lawyer: RobertJDFL, Lawyer replied 8 months ago

I'm going to assume that you had no employment agreement or union contract, which would make you an at-will employee. If you are employed at will, your employer does not need good cause to fire you. They can fire you just because they want to, basically. Just like you could quit at any time, they can terminate you at any time. In every state but Montana (which protects employees who have completed an initial "probationary period" from being fired without cause), employers are free to adopt at-will employment policies, and many of them have. In fact, unless your employer gives some clear indication that it will only fire employees for good cause, the law presumes that you are employed at will.

As such, while I agree the reason for your termination was ridiculous and unfair, legally speaking, it was legal, and would not necessarily be considered a wrongful termination.

Even if you are an at-will employee, you still cannot be fired for reasons that are illegal under state and federal law. In these situations, the government has decided to make an exception to the general rule of at-will employment.

For example, if your employer is subject to federal and state laws prohibiting job discrimination (as all but the smallest employers are), you cannot be fired because of certain characteristics, such as your race, religion, or gender. Similarly, you cannot be fired because you have complained about illegal activity, about discrimination or harassment, or about health and safety violations in the workplace. And you cannot be fired for exercising a variety of legal rights, including the right to take family and medical leave, to take leave to serve in the military, or to take time off work to vote or serve on a jury.

Given the above facts however, I don't believe any of these factors apply to your case, and therefore, you would not have a wrongful termination case.

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Employment Lawyer: RobertJDFL, Lawyer replied 8 months ago

Was there something I could clarify for you or additional information I could provide you about this matter?

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Employment Lawyer: RobertJDFL, Lawyer replied 8 months ago

Was there anything I could clarify for you or additional information you needed about this question? If so, please reply without rating, and I'm happy to assist you further. Your complete satisfaction is my goal.

If not, please remember to leave a positive rating by clicking on the stars at the top of the page. Experts like myself are not employees of this site. We receive no salary and no payment until a customer leaves a positive rating. 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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