Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I believe I may have a case for wrongful termination.

I believe I may...

I believe I may have a case for wrongful termination.

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

Discussed with HR only.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and salaried

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

I believe I was fired for a a violation of a policy which does not exist.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 55 minutes by:
4/21/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,984
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

In order to assist you I will need to know what State you work in and what you think the true motivation was for your termination. I will be away from my computer for much of the day, but will respond as soon as I become available.

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Thanks Marsha. I work in the state of Washington. I was terminated for possession of a firearm in my vehicle in the parking lot of my workplace as well as possession of a camping knife (for cutting fruit) in my work place, kept in my backpack. The gun was purchased for home defense and picked up during my lunch break, as the shop I ordered from was close by my workplace. I left it underneath my driver’s side seat in it’s box while I was finishing my shift. I mentioned this to a coworker, who I believed to be a friend, that I had thought about getting a gun for home defense and was going to pick it up on my lunch break. Two months later, I was fired for this and the knife possession. The real reason I believe I was fired was because I was performing very well at work and I believe my team lead had a personal vendetta against me, and used my coworker’s info about the gun against me. The knife is absurd- I think they threw that in because they were grasping for straws. The coworker that I had told about the gun is very superstitious. I thought we had been friends, but he stopped talking to me for a period of about two weeks. I was confused and hurt and sent a few texts asking him if anything was wrong followed by letting him know I felt betrayed. I believe his over-active mind led him to believe that I could be a security threat and he showed my texts to my team lead, who showed them to HR. Personal texts between me and my colleague outside of work hours and texts that in no way indicated that I was out to get my colleague. I am a harmless individual. Ask all of my family and friends. I feel defamed and wrongfully terminated. I have scoured the documentation from my company for information prohibiting guns in the parking lot as well as the carrying of a knife for culinary purposes and have come up dry. Any help or advice is appreciated. I’m still in shock I was fired over this!
Customer reply replied 3 months ago
Additionally, this gun was picked up on in mid-December and not brought up against me until now- 4 months later.
Customer reply replied 3 months ago
picked up in December

Hello again and thank you for your reply. I am working on my reply and will respond in a few minutes. Please refrain from posting on the question until you get my reply, as it slows down my ability to do so. Thanks

Ask Your Own Employment Law Question

Washington State, like most, is an employment "at will" state. I believe you indicated that you are not in a union and therefore, are an employee "at will." That means that an employer may discipline, including terminate, an employee for any, or no, reason and with no notice or warning, unless doing so would violate a contract or is motivated by discriminatory intent or bias because the employee is a member of a protected class under employment discrimination laws. Also, an exception is if the termination is retaliation for the employee filing a complaint with a government agency related to their employment.

If the exceptions that I mentioned don't apply, then the employer can be as arbitrary and unfair in their decision to terminate as they choose. That doesn't make the decision a good management decision or morally right, but it also doesn't make it unlawful.

Employers do have a duty to keep their workers safe and, right or wrong, they could let someone go if they believe that there is an issue of workplace safety. Again though, they don't need a reason. Just anticipating what they may have been thinking. I can't really guess since I don't know the people or decisionmaking process at play, but that could be something they would assert.

All that said, you certainly have the right to communicate your position to the Senior Management or HR of your Company and tell your side of the story to see if they will change their minds. If they don't, and you need to file for unemployment benefits, then you should file and if you are denied because the employer asserts that you were terminated for "cause," you should consider appealing. Upon appeal it will be the employer who has to prove that what they terminated you for was a violation of law or policy. If they cannot, then you will be awarded UI benefits.

That result though does not mean the termination was unlawful as the laws are different that apply to each issue.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

Ask Your Own Employment Law Question
Customer reply replied 3 months ago
Thank you very much for the thorough and thoughtful response. It sounds like an unfortunate case of “life is not fair” for me and lessons learned. Thank you for your time.

You're very welcome and I am sorry that the news was not better for you.

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,984
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Marsha411JD and 87 other Employment Law Specialists are ready to help you
Ask your own question now
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 Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,984
20,984 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD 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

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,984 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
What are the grounds for filing a workplace discrimination,
what are the grounds for filing a workplace discrimination, harassment and what could ultimately be a wrongful termination lawsuit … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,379 satisfied customers
Can you assist with an employment termination question for
Can you assist with an employment termination question for New York State? … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
After a year of threats & harassment over a religious
After a year of threats & harassment over a religious exemption to dress code, for which I submitted all requested documentation, I continued to get threatened with termination. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Involuntary leave of absence then fired. Hr put me on the
hr put me on the leave of abscence no lawyers involved … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,379 satisfied customers
How do I file a wrongful termination, I have documented all
I have documented all the issues but as soon as I brought it up to HR and my boss I was fired a week later … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
If the chief financial officer and the controller (who reports
If the chief financial officer and the controller (who reports to him) of a public company develop an intimate personal relationship, can they be fired if the company policy does not address the situa… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I revealed the salary of a contract employee to another employee
I revealed the salary of a contract employee to another employee - and I wasn't fired for it initially - they gave me a written warning - and said all was forgiven and we were moving forward. And then… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,248 satisfied customers
I was terminated from my job after the completion of an HR
I was terminated from my job after the completion of an HR investigation. I did not sign any paper work or have an exit interview. Someone at my job claimed I hit them with my pick-up truck. HR interv… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I was terminated from my job due to retaliation from my supervisors.
I was terminated from my job due to retaliation. I had a workmans comp case & when I returned I was treated awful. The mgt talked down to me, cursed @ me & even cut out a bonus I was entitled to & gav… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I was given a Performance Improvement PLan at work on 3-31-11.
I was given a Performance Improvement PLan at work on 3-31-11. I was terminated on 5-9-11. In the letter I was told it was for failure to improve my performance since being presented the PIP on 3-31-1… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I work in an emergency department and have infrequent lunches
I work in an emergency department and have infrequent lunches with a coworker. It happens on our last lunch meeting that her family member was in the department as a patient. The patient and the cowor… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
20,984 satisfied customers
I live in Indiana which is an at will employment state.
I live in Indiana which is an "at will" employment state. I was just fired from my job last week after a 5-year solid work history with a clean slate, positive annual reviews, annual pay raises, and n… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
20,984 satisfied customers
I am a salary employee that has been placed on suspension with
I am a salary employee that has been placed on suspension with pay for two days now. I feel that I may be dismissed or supended without pay soon. The claim is a violation of the companies employee vio… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
E receives a bad annual review and is on 90-day probation
"E" receives a bad annual review and is on 90-day probation to "improve his work" (no quantifiable targets). Manager "M" just wants to fire that employee but has to go through the motions. "E" shares … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I was fired from my job last Thursday. Marcie Artis the HR
I was fired from my job last Thursday. Marcie Artis the HR Manager pulled me into the office at about 4:30 and told me that Tabitha a former employee (fired about 6 months ago) had told a current empl… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I work for a fairly large co. as an outside sales rep (salary+comm.
I work for a fairly large co. as an outside sales rep (salary+comm. job) about 5 mo.'s now. Recently I filled out a survey on my boss & wrote some negative things about him- all true & professionally … read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
I was recently terminated from my job. A couple of weeks ...
I was recently terminated from my job. A couple of weeks prior to this termination, my former boss accidentally forwarded me an e-mail that she wrote to her daughter talking about me in a very disresp… read more
JENN
JENN
Bachelor's Degree
140 satisfied customers
In California, can I fire our HR rep for breech of ...
In California, can I fire our HR rep for breech of confidentiality with regard to discussing an employees salary with another employee? We are an at will employer.… read more
Flagbridge-EL
Flagbridge-EL
Principal Consultant
B.Kin, B.C.L, C. Neg, C. Med, C. A
1,786 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