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Have a workplace issue with testing and exams at my

Customer Question
Have a workplace issue...

Have a workplace issue with testing and exams at my workplace.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

My company headquarters is in CT, however, we work in all states. My state (VA and WV) does not have a physical headquarters, so we report to CT.

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

I took recertification program at my company in August-Sept. Passed everything, was recertified. Now being told to do a test I already passed, saying they lost that test. Also, they have never given me copies of test they are telling me to retake. One test they told me to retake, is about something that i do not do in my job.

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

They had me take a test online that required mathmatical formulas, yet they would not give me these formulas in the practice modules to study for the test.

Submitted: 6 months ago.Category: Employment Law
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Answered in 6 minutes by:
1/9/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 6 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,366
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 assume you mean to ask whether this is legal. Unfortunately, I must tell you that the law does not regulate performance assessment tests in any way. This is so because of the rule that employment 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.

Since you could be terminated for literally no reason at all, courts reason that it would not make any sense to regulate performance exams, which are completely unnecessary for an employer to legally justify personnel decisions.

So, I'm afraid all you can do is attempt to reason with your employer here. I truly wish I had better news to give.

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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