Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Last Thursday I was told by my supervisor that my job

Last Thursday I was...

Last Thursday I was told by my supervisor that my job performance was good. This morning they called me into the office and said I was not a good fit for the job. I asked why or what the problem was and they said they did not have to tell me. I asked if I could be placed in another position where I could be a better fit and they said no. They took my badge and walked me out. I have been in training for two weeks and have been doing a good job. I am shocked by this and have no clue as to their decision. Please advise!

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

Melbourne, FL

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

No.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
3/12/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Unfortunately, in employment law, unless you have a contract of employment which guarantees you that you cannot be terminated without cause, your employment is "at will" and can legally be terminated at any time, with or without cause.

So, unless you can allege here that the basis for your termination is your race, religion, gender, age (over 40), disability or FMLA use, the employer legally could terminate your employment in the manner you mentioned.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question

It is also, unfortunately, true that they do not have to disclose to you the basis for their decision.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I am 66 years old, have a Master's Degree in Teaching and plenty of experience for the job I was hired to do with MDS. I had a sealed arrest back in 1996 (?), which shows on the internet. This case was dismissed, but I decided to have it sealed after a lawsuit, so that it would never have any impact on my employment. When I had it sealed (was also told there was nothing to seal) I noticed it showed up on the internet. This is unlawful and wrong. I am wondering since I was new at this job with Medical Data Services, if this is what they based their decision on. This is unlawful. Please help in anyway you can.

I indicated in my first response that I could not accept a phone call. I can converse here.

As for helping, all I can do is answer questions that you pose. If the employer here is basing their decision on sealed information, you have a difficult road ahead. You certainly would have a claim to try and make, but this is one of the difficult claims that many attorneys don't take. When they do take them, they charge by the hour and require payment upfront. Regrettably, that is your only recourse here, unless you can paint this is a discrimination issue based on race, religion, gender, age or disability, the EEOC does not get involved in cases of this sort.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 120
Verified
Phone call session started
Customer reply replied 4 months ago
I was placed in an office with all men. They would use foul language and talk about sex. These were the IT employees sharing the Support Office. Not sure if this is why I was not a good fit. My supervisor had to ask them to stop at one point last week.

That seems to be a separate issue, relating potentially to gender discrimination. That would at least get your foot in the door of the EEOC, so that they could investigate in a way that you cannot. Then you'd have some real information to help you move forward.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
My trainer, last Friday, asked me if they bothered me. Because I was still in training, I didn't want to ruffle any feathers, so I just remarked that they sounded like Budhead and Beavis. Didn't say anything more.
Customer reply replied 4 months ago
Sorry, I meant Butthead and Beavis.

Understood. It sounds like you really wouldn't have a gender discrimination claim here ultimately, but my point is that you need some information from the employer. They are not going to voluntarily give it to you. They would, however, have to respond with their actual basis for termination to the EEOC if you made that complaint. You certainly have some evidence of gender discrimination/hostile work environment, though you never complained about it to the employer.

That would hurt a true EEOC complaint, but the EEOC will investigate and obtain a response from the employer before telling you "your claim isn't very strong." You'd still get some benefit from the free investigation.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I accept a phone call.

I'm not offering a phone call. I will not offer a phone call, as I stated in my first response.

The request for phone calls is automated, but made to look like I'm doing it. I'm not and will not.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
I click offer accepted for phone, call but nothing happens.

Because I rejected the call request. As I noted in my first response, I am not in a position to talk to the phone.

Ask Your Own Employment Law Question
Customer reply replied 4 months ago
OK. Thank you.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
20,575 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,575 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 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

4,029 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.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
An 18 yr call taker/dispatcher stormed out of the office in
an 18 yr call taker/dispatcher for 911 stormed out of the office in a major county wide fire emergency. She was also training a new girl for call taker. She told me I was to sit down and answer phones… read more
Loren
Loren
578 satisfied customers
I aggravated a back injury a week or so ago and received
I aggravated a back injury a week or so ago and received treatment that has improved the situation. Today my bosses came to me and told me I needed to get medical clearance to continue. To work. This … read more
Ely
Ely
Counselor at Law
Juris Doctor
44 satisfied customers
I was hired on 8/11/14 as RN care manager. Had a rough start
I was hired on 8/11/14 as RN care manager. Had a rough start due to lack of prep on my bosses part to prepare practice for my arrival. This created a 3 week delay in program getting started to include… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
20,575 satisfied customers
Hi,I work 17 years as food service worker at private school
Hi,I work 17 years as food service worker at private school here in Atlanta.Two years ago(June 2012) private contract company was hired to operate kitchen and dinning services. They hired all of us an… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
After 6 1/2 years employed I was recently terminated due to
After 6 1/2 years employed I was recently terminated due to lack of performance. I am a hispanic originating from Panama. A little history: my first position I was working for the chief information of… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
I apologize i walked away from the computer to answer a call
I apologize i walked away from the computer to answer a call related to this incident. What do you suggest I do. I have really made an effort to do a good job and keep my head down and nose to the gri… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was terminated at my job on Jan 14, 2011. The union went
I was terminated at my job on Jan 14, 2011. The union went to step 2 with me when they took over my case. I felt I was harassed at my place of employment. I have FMLA plus ADD and was currently going … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Hostile environment,disccrimination and forced resignition(
Hostile environment,disccrimination and forced resignition( termination ) My administrator encouraged my harrassment from collegues by doing nothing to prevent or stop hostile environment from collegu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am a school teacher of 25 years with a degree in instrumental
I am a school teacher of 25 years with a degree in instrumental music. I have been a band director for all of those years. I took an assitant position this year with a district and did very well--the … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
In a company where all managers are trained to do orders and
In a company where all managers are trained to do orders and the kitchen manager is off on a day a truck order is due, can he be terminated for that reason?… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
This pertains to 911 Operator training. I had put in a request
This pertains to 911 Operator training. I had put in a request for days off for a trip that was already planned prior to my being hired and i informed them of those dates on the 2nd day of my employme… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
My daughter was terminated from her job today and I believe
My daughter was terminated from her job today and I believe it was an unjust termination and also believe that she was harassed and discriminated against. She has been a receptionist at a health care … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was working on a shutdown and one of the companys had my
I was working on a shutdown and one of the company's had my badge pull, but it wasn't the company that i work for and that was in march. The company would never say why my badge was pulled, But the co… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Im a maintenance supervisor, non-union. I have been recently
I'm a maintenance supervisor, non-union. I have been recently given mixed signals, as to my job performance. I went in to work Mon. morning, very upset, and dis-oriented, and told them, "I'm retiring.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Hello Your Honor, Ive been subject to a kind of discrimination
Hello Your Honor, I've been subject to a kind of discrimination at work for about 9 months, I kept resisting but latly the same person terminated my job, I got the unemployment pay after the fact find… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I have worked for a insurance company for 13 years. I recently
I have worked for a insurance company for 13 years. I recently went out for surgery and when I returned to work on 10/28/2009 I was fired for job performance. I have never been verbally warned about m… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I started my job February 16th. After I complained because
I started my job February 16th. After I complained because my boss who refuse to train me on the position, even though I learned my job by watching other employee's, kept cursing at me. Then yesterday… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was recently terminated due to falsified reasons when in
I was recently terminated due to falsified reasons when in fact I was a victim of discrimination. How may I proceed and find out if I have a viable case?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 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