Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My daughter was just terminated from an employer who accused…

My daughter was just...

My daughter was just terminated from an employer who accused her of things that were not true - they said she said things she didn't, and she was barely out of training, and was never interviewed by anyone in HR regarding supposed "harrassment" allegations but was told she was harrassing an employee and that's the main reason she was terminated. Does she have any means of recourse? She was devastated and they really have attacked her character directly with lies.

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

She said she had her manager in there and the person who terminated her but she didn't know if they were HR or not, I'm guessing they might have been. Her copy has no signatures and it just says Manager, her signature and "witness"

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

"at will" and hourly

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

They also have on there that she had multiple coachings/conversations regarding her performance (she had one day, 3 times, 3 different issues) and was told that she had time to learn as it was a new area and had only been doing the job on her own 2 full days of on her own calls and they documented in the termination papers the instances on 1 day only, the next day she told me she did 134 calls (nothing documented for that day) then the next day (yesterday) they made her do a side-by-side all day (which meant she just listened all day and took notes. then fired today. the other thing they should know is on Friday, May 25th, right after lunch, she had a panic attack. She had to go home that day. And almost felt like she was going to have another one on 6/2, but said she didn't. She only started working for them on 5/7 and it was a month long training program.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
6/8/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,550
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

This is very unfortunate and I am truly sorry for your daughter. However, as a general rule, employment 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.

So, based on what you have described your daughter would not typically have any legal recourse. The decision is quite unfair, but all she can really do is attempt to reason with her employer. There is no way for her to force them to continue employing her, even if their decision is completely unreasonable. She can try applying for unemployment benefits and should do so as soon as possible.

I hope this answers your question. 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.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
thank you and I understand, but I am curious because I believe it is all connected to the panic attack, and they accused her of harrassment, but never once did an investigation and then lied in the accusations. There's nothing that can be done about that? It seems very unethical. I work for Intel and our HR would have never allowed something like that to happen and it would have come out in the investigation. This has really crushed her where she is extremely depressed and I'm worried about her.

It would be illegal to terminate her specifically because of a disability diagnosis, but that would be separate from terminating an employee because of behavior that manifested as the result of a disability. The latter is not against the law. Just as an employee with PTSD could be terminated for punching their boss (even if the episode was triggered by PTSD) an employee with a panic attack disorder could be terminated for alleged "harassment" that was prompted by the panic attack. Your daughter would have to show that the stated reason for her termination of harassment was nothing more than a fabricated pretense to terminate her simply because she has a disability. This would be very hard to show. Nonetheless, she could certainly file a complaint with the EEOC alleging this and have them conduct an investigation.

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
ok thanks we may pursue that

You are very welcome.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes to you and your daughter.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,550
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. 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 Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,550
14,550 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, 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:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 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
I feel that I have been placed in a hostile work environment
I feel that I have been placed in a hostile work environment and have been given job assignments that intensify my disability in order for them to make me quit or them put me in a position to fire me.… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I went to my HR and proved to her all the horrible harassing
I went to my HR and proved to her all the horrible harassing things she had been doing to me, she has left me alone since she is on the other side of the prison now. Great, but the new director of nur… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I believe I have a harrassment case when I met with my boss
I believe I have a harrassment case when I met with my boss & his supervisor Friday 1/10/2014 I was told that in no uncertain terms that "in his experience the way this usually bworks is you have disp… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
The babysitter weve had in our employ for many years was terminated
The babysitter we've had in our employ for many years was terminated on her third day of work from a grocery chain. She was working in the deli dept and her regular manager was on vacation. Another em… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,266 satisfied customers
To whom it may concern, I was hired as an Area Coach Designate
To whom it may concern, I was hired as an Area Coach Designate which is a manager that manages multiple restaurants. On the 2nd day of training I was working with a manager who was having a difficult … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
My questions is in regard to my daughter LouWanda Douglas.
My questions is in regard to my daughter LouWanda Douglas. My daughter worked at Labor Ready in Wilkinsburg, PA. Her title was Customer Service Representative (CSR). When they closed the Wilkinsburg o… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
Can I draw workmens comp for PTSD? I have been diagnosed with
Can I draw workmens comp for PTSD? I have been diagnosed with PTSD, Panic, and Anxiety disorder, Bi-Polor, Depression, and Agorphobia.....I started working at GE 16 years ago within the first two year… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
We terminated an office manager for cause after which she claims
We terminated an office manager for cause after which she claims harrassment and retaliation. What responsibility do we have under Florida law to respond to her claims?… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Massachusetts - I have a supervisor who I have counseled for
Massachusetts - I have a supervisor who I have counseled for 60 days. No written warnings in place but we have had several one on one and 2 group sessions regarding her management style and performanc… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I work in Human Resources in the training department. Recently,
I work in Human Resources in the training department. Recently, I was asked to work with a senior HR ER (employee relations manager) to develop a training class. We had been working on this since Apri… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
I was terminated April 25th. On Wednesday the 12th I was told
I was terminated April 25th. On Wednesday the 12th I was told at 1p I needed to go get a drug test because the auditors from IDOT was auditing the Agency and they needed me to take a drug test do to m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hello, I am a manager, who has had a complaint filed with
Hello, I am a manager, who has had a complaint filed with HR that they have been harrassed. The employee has had a known history of not wanting to take direction from the me. When I first took this po… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I wk for a large employer, headquartered in CA, my job is in
I wk for a large employer, headquartered in CA, my job is in AZ. When I was hired I didn't disclose my ADA. Upon working there 1.5 months, my manager accused me of not being competent in my job, that … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
This is the situation. About 3 months ago I applied for a
This is the situation. About 3 months ago I applied for a position in my company as a team lead, which I did not get. The person who did get it, had a heavier workload than previous team leads and I w… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,266 satisfied customers
I am being asked to sign a paper at work that i will not have
I am being asked to sign a paper at work that i will not have a panic attack. The paper includes "reasonable accomadations" and if i exceed these accomadations i will be terminated. Is this legal?… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I was fired Thursday from HomeDepot for leaveing the store
I was fired Thursday from HomeDepot for leaveing the store with out checking out or clocking out, and wearing my homedeopt apron out to the parking lot. I had a medical emergency, in that I needed my … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I manage a small dept and I have an employee who is unable
I manage a small dept and I have an employee who is unable to complete her job duties correctly. Her title is Assistant mine Manager. She is making my life unbarable. I was hospitalized for an illness… read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers
Please read the following and let me know if I have a case.
Please read the following and let me know if I have a case. Called in sick on July 24, 2008, approximately 9:00 a.m spoke with Brenda. (Mrs. Klein the General Manager not in the office.) Brenda put me… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 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