Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was recently discharged and employer and on my Seperation…

Customer Question
I was recently discharged...

I was recently discharged and employer and on my Seperation Letter its states "inability to do my job". I was a department manager for 2 years and no one every said I was doing my job wrong until a new assistant manager was hired 3 months ago. No write up or coachings in my file previous to this manager. Could this possibly be a wrongful termination/discrimination case?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No I didn't even know where to begin. I have been working for over 15 years & have never experienced anything like this

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Submitted: 2 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/27/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,468
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).

Wrongful termination, in an "at will" employment situation, doesn't exist outside of discrimination based on race, religion, gender, age, disability or FMLA use.

So, the lack of write ups, of counselings or even accuracy in the given reason does not make this wrongful termination, because the employment is "at will" and those things are not required for termination in an "at will" employment situation.

Could this be discrimination? Certainly, it could be, but you've given no facts that indicate that. You have to allege, to the EEOC in your state, that the only reason you were terminated is your race, religion, gender, age or disability (the FMLA is handled by the Department of Labor). Once you allege that, it is investigated and you'd be given the right to sue in federal court. You'd bear the burden of proving it though. Do you differ in any of those factors from the new person? Did the person ever make direct comments about that difference?

My point is that your facts, just as stated now, neither suggest or disprove discrimination. Those facts are just neutral and, at present, 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.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

Ask Your Own Employment Law Question
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: 20,468
20,468 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

20,468 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
Wrongful termination. Management and HR. "at will" job
Yes I worked 7 days straight during hurricane Harvey and got sick during the storm. My Assistant Director Of Nursing; Rhonda Wolfe. Promised that I would be off for a week, but my night manager Karen Santos gave me one PTO off. Which our CEO Mark Wallace send out a memo saying not to count any days against the employees. So the secp… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
I want to discuss a possible wrongful termination...I asked
I want to discuss a possible wrongful termination...I asked for FMLA and 12 hours later I was fired for "time card fraud" … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Trying to see if I have a case for wrongful termination. I
Trying to see if I have a case for wrongful termination. I was terminated from my job as a restaurant manager on Monday. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,468 satisfied customers
Wrongful termination. Georgia. I had received an email
I had received an email saying I was terminated EEOC advised me they was suppose to have given me a separation letter … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed a discrimination complaint with the EEOC and DFEH
I filed a discrimination complaint with the EEOC and DFEH and received right to sue letters. The EEOC letter expired, the DFEH letter expires soon. I am considering filing a lawsuit without an attorne… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have filed an age discrimination complaint with EEOC. The
I have filed an age discrimination complaint with EEOC. The EEOC has referred the complaint to mediation. Am I giving up any rights if I participate in mediation? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
For wrongful termination what kind of lawyer should I get.
For wrongful termination what kind of lawyer should I get … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
305 satisfied customers
How do I file a wrongful termination suit against my former
How do I file a wrongful termination suit against my former employer. During my employment I filed to complaints with the MCAD. As well as reported the sexual, verbal, skin color suit. I even reported… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Was wrongful terminated, I only had a sit down just once and
I only had a sit down just once and they let me go With manager … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
Wrongful termination question; Regarding a 3 year civil
Wrongful termination question;Regarding a 3 year civil claim with an employer. And finally it is clear that the employee was indeed wrongfully terminated.My question is;When terminated wrongfully what… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In a wrongful termination complaint against former employer
In a wrongful termination complaint against former employer City of Aspen, is it more customary to list Defendant as just the City, people involved, both, or other?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Are you a wrongful termination lawyer? Not yet. At will. My
Are you a wrongful termination lawyer? JA: Was the termination discussed with a manager or HR? Or with a lawyer? Customer: Not yet JA: Is the workplace "at will" or union? Is the job hourly or salarie… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,863 satisfied customers
I am looking for a "wrongful termination" lawyer in central
I am looking for a "wrongful termination" lawyer in central Iowa. Due to the method of being fired from my job on 11/19/15 I have been diagnosed with PTSD, I am on 3 different depression meds plus blo… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,124 satisfied customers
DO I HAVE A CASE FOR WRONGFUL TERMINATION IF I WAS
DO I HAVE A CASE FOR WRONGFUL TERMINATION IF I WAS TERMINATED BECAUSE I WOULDN'T PROVIDE A FALSE STATEMENT AGAINST ANOTHER WORKER TO PREVENT THEM FROM OBTAINING UNEMPLOYMENT AS PER SUPERVISOR? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,902 satisfied customers
Wrongful termination. I live in Florida - the corporate
I live in Florida - the corporate headquarters are in Indiana . … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
20,468 satisfied customers
It is about wrongful termination. Georgia. There is much to
There is much to this. Yes, I signed a termination paper but was so mad at the time I did not read or get a copy. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,223 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 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