Unfairly Fired! Should I Sue?

[unfairlyfired]

What is the name of your state? New Jersey

On Monday I was fired from my job. I was told that my performance was not adequate but I know it's because my new boss does not like me since we have had a few disagreements. My old boss was fine with my performance. And I wasn't even given a warning or the opportunity to improve even if my performance was not adequate. The employee guidelines say that before an employee can be terminated we have the right to a probationary period where we can try to improve. Should I get a lawyer and sue?

 

[Beth3]

Guidelines are just that - guidelines. They are not a guarantee that they will always be followed. I'd imagine there is a statement in your policy manual/handbook that states that all employees are "at will" and may be fired at any time for any reason, as well as a statement that the employer may invoke whatever level of discipline they see fit, including immediate termination.

Nothing in your post indicates you have any valid legal claim to bring against your employer. Maybe the new boss didn't like you because of the disagreements you had with him (arguing with the boss is often not the best move.) I don't see any basis to sue.

 

[unfairwork]

What is the name of your state? New Jersey

On Monday I was fired from my job. I was told that my performance was not adequate but I know it's because my new boss does not like me since we have had a few disagreements. My old boss was fine with my performance. And I wasn't even given a warning or the opportunity to improve even if my performance was not adequate. The employee guidelines say that before an employee can be terminated we have the right to a probationary period where we can try to improve. Should I get a lawyer and sue?

You were hired at will, read the offer letter that you signed when you were hired. The only way you can sue is if you were let go for race,origin, discrimmincation. NO attorney will take a case like yours. Essentially an emolyer can fire you for wearing a black coat to work, they won' say that but they can.

 

[Betty]

Agree, no illegal termination here. You could have been terminated for any reason at any time as long as it wasn't a reason protected by law (ie age, religion, gender) or unless you had a bona fide employment contract to the contrary. That's at-will employment.

By the same token, you could have quit your job at any time for any reason w/o a contract to the contrary.

 

[cbg]

Unfairly fired is not the same as illegally fired. Nothing in your post suggests that anything illegal took place.

 

[unfairlyfired]

So the company can lie and tell everybody that employees cant be fired until after a probationary period but then they can fire people with no notice anyway? That is not right.

 

[VeronicaLodge]

right and wrong is not the same as legal/illegal

 

[unfairwork]

So the company can lie and tell everybody that employees cant be fired until after a probationary period but then they can fire people with no notice anyway? That is not right.

That's correct. They can alter their company policy, your job, pay etc at any ant time they choose. They don't owe you anything. If they don't feel it's a good fit they''ll terminate you. This is why people constantly keep their resumes on careerbuilder, well I know I do.

 

[BoredAtty]

Whether you have a case may hinge on what exactly your ex-company’s guidelines state, and whether you reasonably believed that the guidelines were intended to convey your rights as an employee. Depending on those factors, it’s very possible that the employer is contractually obligated to follow the policies in the guidelines.

Of great importance is the presence of a disclaimer. Is there something in the guidelines that prominently notifies you that the employment relationship is terminable at will, without cause, and without notice?

 

[Beth3]

So the company can lie and tell everybody that employees cant be fired until after a probationary period but then they can fire people with no notice anyway? That is not right.

You need to read your entire policy manual/handbook. As I said above, I fully expect it states that you are an at will employee and either party can terminate the employment relationship at any time for any reason.

 

[Zigner]

So the company can lie and tell everybody that employees cant be fired until after a probationary period but then they can fire people with no notice anyway? That is not right.

Guideline="generally" It's not a RULE.

 

[BoredAtty]

They can alter their company policy, your job, pay etc at any ant time they choose. They don't owe you anything.

That's not always true. Employee handbooks can create contractual obligations owed by the employer.

Guidelines are just that - guidelines. They are not a guarantee that they will always be followed. I'd imagine there is a statement in your policy manual/handbook that states that all employees are "at will" and may be fired at any time for any reason, as well as a statement that the employer may invoke whatever level of discipline they see fit, including immediate termination.

You're probably right, but the OP hasn't informed us whether the handbook had such a disclaimer. Also, even if there is a disclaimer, it must meet specific requirements.

At this point, there's not enough information to conclude that the OP has no case.

 

[cbg]

Here is the bottom line:

As you have described it, your termination was NOT illegal under the law, and no amount of argument is going to make it so.

Your ONLY hope of having the termination declared illegal is if you can prove, and the burden of proof will be on you, that what you yourself refer to as guidelines in fact constitute a legally binding contract that GUARANTEE that you cannot be fired until after a warning and a probationary period, in ALL circumstances regardless. Since such a contract would mean that someone who committed physical violence or who was caught redhanded stealing from the company would have to be given a warning and a chance to improve before they could be fired, I seriously doubt that you will be able to provide such proof, but you're welcome to try if you want to.

 

[BoredAtty]

Your ONLY hope of having the termination declared illegal is if you can prove, and the burden of proof will be on you, that what you yourself refer to as guidelines in fact constitute a legally binding contract that GUARANTEE that you cannot be fired until after a warning and a probationary period, in ALL circumstances regardless. Since such a contract would mean that someone who committed physical violence or who was caught redhanded stealing from the company would have to be given a warning and a chance to improve before they could be fired, I seriously doubt that you will be able to provide such proof, but you're welcome to try if you want to.

You make it sound like it is extraordinarily difficult for an employee (or an ex-employee as the case may be) to win such a case. I don't agree with that. The handbook will speak for itself. Throw in a little testimony regarding the company-wide beliefs about the handbook, and viola...

I don't mean to oversimplify such a lawsuit, but there's not a huge evidence mountain to hurdle like there would be in a sexual harassment suit, for example.

 

[cbg]

Given that few employment handbooks are found to be contracts and almost all contain disclaimers, I happen to think it is difficult for the employee to win such a case. But that's neither here nor there. The point is the termination, as the poster described it, does not violate either statutory or case law, and if he is going to prove the termination illegal, he's going to have to prove that the handbook is a contract. I personally feel that he will have a hard time doing that. You're free to disagree.