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I was recently discharged and employer and on my Seperation…

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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: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/27/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
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.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 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.

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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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