Employment Law

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I was fired for getting insurance info for my grandchildren…

I was fired for...

I was fired for getting insurance info for my grandchildren getting therapy treatment after abuse from their. She would not give their father my son the information. I was told it would be up to management for discipline. I was employed for 23 years with an excellent history.

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

Virginia

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

No only to Corporate Compliance. I did not use nay medical reports or medical information other the insurance info.

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

I feel that was a harsh punishment for 23 years of excellent work history. I was told I would receive a corrective action on Monday.

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Answered in 3 minutes by:
3/15/2018
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).

While I can certainly understand your position, employment law does not mandate that punishments be measured against the offense. Employers are not courts and so sentencing concepts don't apply to them.

If you did not have a contract that specifically indicated what a termination worthy offense was and how punishment would be progressive, outlining the steps, then your employment was "at will." At will employees can legally be terminated at any time, with or without cause. Given that legal standard, while I agree with you that the punishment was harsh, that does not create any cause of action against the employer. The employer can make the decision to terminate here or something less dramatic, and any of it would be legal.

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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Customer reply replied 4 months ago
Good advice.5 star

Thank you for the comment. I do wish I could give more favorable news.

Take care.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,575
Experience: Employment/Labor Law Litigation
Verified
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Satisfied Customers: 20,575
20,575 Satisfied Customers
Experience: Employment/Labor Law Litigation

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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.

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).

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