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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.

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Answered in 2 minutes by:
3/12/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,120
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.

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

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Customer reply replied 1 month 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: 20,120
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 114
Verified
Phone call session started
Customer reply replied 1 month 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.

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Customer reply replied 1 month 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 1 month 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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month 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.

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Customer reply replied 1 month ago
OK. Thank you.
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,120
20,120 Satisfied Customers
Experience: Employment/Labor Law Litigation

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