Employment Law

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I have been fired by my company and need to ask some

Customer Question
I have been fired...

I have been fired by my company and need to ask some questions.

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

Washington

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

We are not union and full time.

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

I am not sure what to tell you.

Submitted: 6 months ago.Category: Employment Law
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Customer reply replied 6 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 6 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 4 minutes by:
1/9/2018
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,227
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.

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Customer reply replied 6 months ago
I had 18 years of employment with my company. I had an HR complaint from one of my employees and the investigated it. Out of the blue they discovered I smoked and stated I violated corporate policy and state policy . I have smoked in the same area for 18 years.
Customer reply replied 6 months ago
have now lost all benefits, job etc. I never received a warning or write up.
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Yikes. The system said that you wanted a phone call. Would you still like a premium phone call?
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Customer reply replied 6 months ago
no
Customer reply replied 6 months ago
Are you still responding ?
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
I'm sorry for the delay. I'm having some technical difficulties. I will be with you in just a few minutes. I apologize.
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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear about your situation.

This situation is a bit tricky, but there is something important to understand when situations like this occur. Under the rules of waiver and estoppel, it is possible that the terms of the contract won’t be enforced. As far as waiver is concerned, there are several types of waivers. Generally, a waiver may be express (meaning that it was clear that a right by one party is being given up); implied (meaning their conduct clearly indicates a right won’t be enforced); or by silence (meaning that the other party learns of facts regarding their rights under the contract, but choose not to enforce the right).

There is also the issue of estoppel. Estoppel is a bit different in that the courts will look to whether enforcing the other party’s rights results in fair play. For example, if a party accepted late payments for years, they cannot cancel the contract citing a breach of contract because it would be unfair for them to do so.

There’s no bright line rule on this as it is case-specific. However, run your case through either of these theories and see if you could make an argument.

In your case, this means that if they knew that you smoked, but did nothing about it, then they waived their rights to enforce it.

What other questions did you have for me regarding this?

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Customer reply replied 6 months ago
I am a pharmacist and they are claiming I violated a corporate rule by leaving the pharmacy and a state law. I do not know whether to pursue legal action ?
Customer reply replied 6 months ago
Who should I contact to get a clear view of this . My whole career has been dumped by this company. I have benefits that that the young new hires do not and feel aht they are using me as a scapegoat.
Customer reply replied 6 months ago
are you done responding ?
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi. I know that this does not matter to you entirely; however, I am having my internet company changed tomorrow because I am having trouble receiving messages because my internet is going down. I am not ignoring, I promise. Bear with me while I review your latest submissions.

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm very sorry to hear about your situation. You may want to consider finding an employment attorney to assist you with this. If you have been smoking in the same place for 18 years, and if they knew about it and did nothing about it, then they have violated your employment agreement because they effectively waived their right to enforce this part of the agreement.

You may need to contact an attorney about this in your area to discuss this.

If you don't want to pay for an attorney, you may want to consider taking them on on your own.

This appears to be a classic breach of contract because they waived their right to enforce the smoking ban. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. 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 download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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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.

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