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Was I Wrongfully terminated/ Do I have a legal leg to stand on

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rsracing1

Junior Member
What is the name of your state? COLORADO

Below is a brief overview of my back ground but does not go into great detail

I'm from Scotland with full green card status. I was employed in CO to work in CA for no longer than 90 days before returning to be perminent at the CO Office. Submitted expense form after first 2 weeks also requested better communication with me in CA. Was asked to report only to CO office any findings.
Week 3 Reported unsafe work practice to CO office. Week 4 got expense confirmed with my boss he submitted. Week 5 communication still poor with CO and my self communicated concern as length of time exceeding the 90 days looked imminent. Week 6 asked about expense report. Was reprimanded by e-mail saying to use chain of command. Replied: was working within chain of command when inquiring about. Week 6 Owners wife was speaking to my wife. Made comment that her husband discussed with her that there was a cultural difference on my work practices against there's making it dificult with them. Requested expenses. Week 6 Company barbecue in CA, all employees present. My job and title was announced to new CO employee in front of entire company. CO had no communication with me until week 8 where they fired me for lack of communication. I was never given any kind of prior verbal warning or written warning at any time during employment. Dept of labor investigated the case. Out come was that I was not responsible for my termination.

Regards

Gordon
 


cbg

I'm a Northern Girl
No, US law is very different in this regard from UK law.

In the US, you can be terminated for any reason except one specifically prohibited by law. Neither verbal nor written warnings are required by law. The fact that you received unemployment is irrelevant - the vast majority of people receiving unemployment were terminated legally. Receiving unemployment does not mean that your employer acted illegally - it means that you were not terminated for a reasons that disqualifies you under your state's laws.

While I'm not going to try to claim that your employer handled the situation particularly well, I don't see anything illegal in what happened.
 

JETX

Senior Member
rsracing1 said:
Out come was that I was not responsible for my termination.
'Responsibility' doesn't matter.

Was I Wrongfully terminated
In order to be 'wrongfully terminated', they would have had to break the law in letting you go. There is nothing in your post to indicate that to be the case.

Do I have a legal leg to stand on
Nope. Nothing in your post would suggest that the laws were broken. Every state but one (Montana) is an 'employment at-will' state. That means that you have the right to quit, with or without a reason, and the employer has the right to terminate you, with or without reason (barring discriminatory practice).

(note: Corrected my error where I said "Every state but one (Montana) is a 'right to work' state..... )
 
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cbg

I'm a Northern Girl
Jetx means that every state but one is considered an employment at will state, which means that you can quit for any reason or be fired for any reason that does not violate the law. Slightly less than half the states are also right to work states, which means that you cannot be forced to join a union in order to get work.
 

JETX

Senior Member
cbg said:
Jetx means that every state but one is considered an employment at will state, which means that you can quit for any reason or be fired for any reason that does not violate the law. Slightly less than half the states are also right to work states, which means that you cannot be forced to join a union in order to get work.
You're correct. I was trying to reply to three separate threads at once... and got myself 'hog tied'.
'Right to Work' states: http://www.nrtw.org/rtws.htm
 

cbg

I'm a Northern Girl
I know the feeling, Jetx. I post on four other employment law boards besides this one, and on one of the four I'm the moderator. So often I not only don't know what post I'm responding to, I'm not even sure which board I'm on!
 

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