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I was fired yesterday and I want to see if there may be a…

I was fired yesterday...

I was fired yesterday and I want to see if there may be a case. They gave a reason, but the timing is suspicious.

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

The management is who fired me. I haven't yet talked to an attorney.

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

At will

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

I am physician assistant who was fired for "failing to meet productivity goals" I was not made aware of, less than a week after I mentioned my concern about the doctor being impaired.

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Answered in 1 minute by:
5/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Do you feel like the termination was based on something like your age, race, gender, sexual orientation, disability, or religion?

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Customer reply replied 2 months ago
No

I see. Generally, the law protects employees against unlawful discrimination based on those categories. Could you help me understand what you believe the employer did was illegal?

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Customer reply replied 2 months ago
I think I may have been fired because I raised concerns about my supervising physician practicing while under the influence. I was fired less than one week later.

I see.

I’m sorry to hear about your situation. I have dealt with some terrible co-workers, managers, and subordinates in my time. It’s one of the reasons I decided to become self-employed is because I just couldn't take it anymore.

Nonetheless, it’s important to analyze the law in this situation. Generally, an employer can terminate a person for any reason or no reason at all. Whistleblower protections typically apply to those making complaints regarding financial mismanagement to the SEC. Harassment/retaliation/discrimination is against the law; however, employment law only makes it against the law if the basis of these actions by the employer are based on your race, gender, age, religious affiliation, sexual orientation, or disability. Employment law doesn’t necessarily cover people who act like jerks.

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In some states, contract law may help if an employer doesn’t act in good faith. Under the Uniform Commercial Code, any party to any agreement (including employment agreements) has to act in good faith with one another. The failure to do so could be a breach of contract. It’s one of the possible legal solutions, but not always the most practical one.

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Customer reply replied 2 months ago
I expressed my concerns to the office manager, who said she would talk to managers and his attorney. The next Monday they were all on-site to meet with the doctor. I was fired the next morning.

I see. I'm very sorry, but based on what you provided, I don't see that they did anything illegal, even if it was unethical or immoral. Did your contract provide that they must provide you notice or a specific reason for termination?

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Customer reply replied 2 months ago
They would never give me a contract. I understand, that's why I asked the question. I now know the next steps to take. Thanks for your help.

The pleasure is all mine. I'm super sorry and I wish it were different, but we're always here to help.

Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

  1. Could you look on your screen and provide me a star rating? 5-stars are always appreciated.

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  3. For your benefit, you can also click here in the future to request me individually.

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Don't forget that you can always apply for unemployment as well.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 2 months ago
They terminated me, but then threatened me with a bad reference if I didn't resign. I was in shock so I did, but now I wish I hadn't. Can I rescind my resignation?

If you feel like you were unfairly coerced into signing, yes, you can rescind it, but the only problem is that they may terminate you as a result. What you could do is draft a letter rescinding your resignation, which in turn may force them to terminate you. If they don't accept it,t hen you could still file for unemployment and advise that you were coerced into signing this letter.

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Customer reply replied 2 months ago
Thank you.

You bet.

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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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