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I was wrongfully terminated without warning. I have with my…

Customer Question
I was wrongfully terminated...

I was wrongfully terminated without warning

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

I have with my manager

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

At will employee

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

I feel that is retaliation

Submitted: 3 months ago.Category: Employment Law
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Answered in 1 minute by:
4/23/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,558
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome. I am very sorry that you were let go. Did you have a specific question I can assist you with here?

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Customer reply replied 3 months ago
I feel that I was wrongfully terminated the cause was that I overserved a guest IAM alcohols certified to sell alcohol beverage in the state of NM . I know the statutes... I feel that I have been singled out and retaliated against
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you for your reply. I"m sorry but I am still not seeing a question. Did you have a question for me regarding this matter?

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Customer reply replied 3 months ago
About three weeks my bar manager was on shift with me but I was the sole bartender .... Therefore therefore it was my duty to take care of all beverages alcoholic beverages and any type of food. I saw a customer at the end of my bar and I approached them and at that point my manager came up next to me and told me that not to worry about it that he would take care him. Apparently it was one of his friends so he was going to make his drink it was a Long Island Iced Tea you made it for him she free poared something that is against the rules . In the basis of an hour you serve the gentleman three Long Island Iced Tea which is way over the alcohol limit regulations of consumption do in the state of New Mexico. Therefore I reported it to the general manager which is higher above in the bar manager and she told me that she would not talk to him about it right there and then that she would approach him at a later time so that there wouldn't be any issues between the bar manager and I so I am assuming that she talk to him about the situation and now that I serve my guests six strings and a matter of 7 hours. She has fired me. Just consuming alcohol is allowed to consume one alcoholic beverages per hour the guest had already eaten he was not drunk at all she seems pretty normal to me as my experience speaks for 15 years I am able to tell when a guest is sober or intoxicated. When she verbally told me that she was terminated me I asked her why that it was not fair that I was not warned about it she asked me to step out of the office. And waitbriefly. And that she would have an answer or me momentarily she called me back into the office and she explained that she was not going to let me go that she thought that it was fair that I wasn't warned or spoken to about the situation and that at that point she was going to emote me from being a bartender's to a server to go ahead and take the day off and that she would call me or text me to let me know when she would need me. So my question is what can I do about this is it wrong for for them to terminate me do I have a case?
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Thank you. As a general rule, employment in all states but Montana is "at will" absent an agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

This regrettably means that termination based on the facts you described would not typically give rise to any legal claims. Certainly it is an unfair and unwarranted termination, however, that on its own does not make it illegal. I truly wish I could provide better news.

If there is anything else I can do for you, just let me know. It's my pleasure.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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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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