Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I have a question about a potential wrongful termination…

Customer Question
Hi Pearl, I have...

Hi Pearl, I have a question about a potential wrongful termination situation

Lawyer's Assistant: Have you documented this or discussed it with HR?

That's part of the concern. Our company doesnt have an HR department

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

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

That's all, except an unscheduled meeting was just called So if I can get feedback soon that will be very helpful

Submitted: 2 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
12/14/2017
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,453
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.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
What are my rights as an employee if I feel I may be terminated without cause?
What protections are available to me if there is no HR department?
Can severance be required?
Customer reply replied 2 months ago
Unfortunatley I can't talk I am being called into an unscheduled meeting very shortly so any help you can provide through this means is appreciated
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Are you aware whether you're an at-will employee?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
I am not familiar with the term. I am a full-time employee of over 4 years
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

I understand. Do you work for any government entity? In addition, what reason do you believe they are trying to terminate you for?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
I work for a large church. The claim is that it is performance related which would be difficult to substantiate because of my work product
Customer reply replied 2 months ago
Also, performace reviews have not been held every hear, however, my 2014 / 2015 performance reviews did not indicate a problem. In 2016 there was no review
Customer reply replied 2 months ago
Before the 2017 review a performance complaint was made, but goals were never set ... which further supports my belief that the performance argument is a cover.
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

I can understand. So, generally, there isn't any law that protects against termination because most employees are considered "at will" meaning that they can quit at will or they can be terminated at will for any reason or for no reason at all. Some employees that are in unions or have agreements that require they be terminated for cause generally have greater protections, but most employees do not have any protections and also are not bound to just one employer. An employer cannot terminate someone just on the basis of their age, sex, gender, disability, or sexual orientation.

This means that an employee would have to look to contract law to help settle their issue. In your case, you could argue that this appears to be a violation of the implied covenant (promise) of good faith and fair dealing if they are claiming that this is a performance related termination when there has been no problem. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

What other questions did you have for me today?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
A written self evaluation was submitted prior to the 2017 that layed out a history of production and hard work ... no response was provided to the evaluation other than a reiteration "its not working out"
Meeting is starting momentarily any help you can provide?
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Hi, I actually just responded to you. Did you get a chance to review what I wrote?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
reviewing now
Customer reply replied 2 months ago
Thank you. What about severance?
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

If you were to sue for breach of contract, then a court probably wouldn't be able to get any additional severance; it's likely you'd be owed whatever wages they denied you as a result of your termination.

Did you have any other questions for me today?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Will I have to undergo that process be in order to receive severance?
Employment Lawyer: Legal Eagle, Lawyer replied 2 months ago

Normally, no. It's something you should keep in your back pocket. If you want to stay out of court, then I would recommend employing some different tactics to help keep your severance.

One little known, but very effective tool that lawyers use when there isn’t a law that they can rely on to support their position is called principled negotiation. All this means is that you are looking to get something done on the basis of principles, even if you can’t find a law to support you. It takes the anxiety out of dealing with the other side because you’re focused on the facts, not each other.

Here are some simple steps you can follow:

  1. Figure out what the other side’s interests are (saving money, saving time, etc.?);

  2. Think about what your interests are (saving money, saving time, etc.?);

  3. Come up with 2 to 3 reasonable and objective ways to solve the problem;

  4. Present it to the other side;

  5. If the other side rejects, ask them, “Is there a reason why you do not feel it is necessary to negotiate?”

Of course, these are just building blocks to get the other party to help solve the dispute. Believe me when I say that good lawyers use this technique all the time to keep things out of court. You’ll find that it is very effective even with the most stubborn of individuals.

What else can I help you with 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

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 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

3,912 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 feel i was wrongful termination this morning, My boss and
my boss and HR was in the room when giving me the news … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,495 satisfied customers
I'm curious about a wrongful termination/ hostile work
I'm curious about a wrongful termination/ hostile work environment case that I have. … read more
Legal Eagle
Legal Eagle
Lawyer
8,453 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
In 2015 I sued my previous employer for wrongful termination
In 2015 I sued my previous employer for wrongful termination and after a year of lawyers speaking back and forth they paid a settlement amount to me. The end result was also a court order for myself a… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can I sue my employer for wrongful termination because of
Can I sue my employer for wrongful termination because of retaliation of people who caused a hostile environment for me? It led to my discharge a couple days ago blaming me I was a good fit for the te… read more
Ray
Ray
Lawyer
Doctoral Degree
31,406 satisfied customers
I'm facing a possible wrongful termination. I haven't been
Hello. I'm facing a possible wrongful termination. I haven't been able to speak to a manager yet, only the store secretary. Would my first step be contacting my union rep? Ideally I would like to main… read more
Legal Eagle
Legal Eagle
Lawyer
8,453 satisfied customers
Regarding potential wrongful termination. My company just
regarding potential wrongful termination. My company just fired me without warning and without giving a reason. I did sign At Will agreement. I live in CO and my company's legal HQ in CA. I was a mang… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My case is complex but there was wrongful termination,
My case is complex but there was wrongful termination, discrimination, etc I️ was told that bc the company has 5 employees I️ do not have an employment law case … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a question regarding wrongful termination. I was
I had a question regarding wrongful termination. I was terminated through a text message and was not given a reason. I understand most employees are at will employees I however never signed any docume… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,068 satisfied customers
I need to live chat an lawyer for wrongful termination.
I need to live chat an lawyer for wrongful termination … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a wrongful termination suit viable due to upper
Is a wrongful termination suit viable due to upper management poor business decision making? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,495 satisfied customers
Is the time limit to file a suit for wrongful termination
is the time limit to file a suit for wrongful termination and or liabel/slander 2years in Virginia? are there any conditions or circumstances that would make the time factor 1year or less? … read more
LegalGems
LegalGems
Juris Doctorate
11,062 satisfied customers
Statute of limitations on wrongful termination in maryland,
statute of limitations on wrongful termination in maryland … read more
Ray
Ray
Lawyer
Doctoral Degree
31,406 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