I was terminated due to work performance; can I take legal action against them?

Question

Today, I was terminated from my job due to work performance. I was a Financial Aid Officer. During the six months I spent working for this private college, I never received a written performance report. In some instances, I received some verbal feedback about my work performance (usually things I had to work and improve), but nothing major.

Anyway, I was surprised that the Dean wanted to meet with me...I was not aware of my bad work performance (according to them), so I go meet with him, along with my supervisor...then my supervisor starts complaining about my bad performance, how slow I've been processing paperwork, how slow I take when I interview students, and because of me, the office has lost its momentum due to my errors.I had no idea things were this bad (according to them), I wanted to argue, but I decided to keep things calm.

During my six months I worked for this private college, I missed only two days due to sickness...I was on time (very few times I came late) and never received a complained from my fellow co-workers. I believe I did a good job and just happened to be shocked because I didn't expect this.

In addition, I'm a reservist with the U.S. Air Force and I'm supposed to take 2 weeks off from my job due to an upcoming training I must attend. i do not know if this notice had something to do with my dismissal. Perhaps, they didn't like the idea that i was going to be leaving for 2 weeks.

Anyway, my question is: can I sue this private college? can I take legal action against them? Do I have a valid argument here?

Thanks

Answer 1

IN the US, unless you are in MT, employment is at will. Absent a union protection or a collective barganing agreement or an employment contract, they can fire you for any reason; except an EEOC violation (A "wrong" reason).



Unless you can find other reservists who were let go before a deployment, I think all you will do here is make this harder on yourself

Answer 2

Absent an employment contract or union agreement to the contrary, work within the US is "at will." That means that either the employer or employee can terminate the employment for any reason or even no reason at all. The only exception is that termination can not be based on discrimination (i.e., age, race, gender, religion, disability). So if you don't have an employment contract which requires they give you written performance evaluations, counseling memos, etc. before termination based on "job performance" then you don't have a case. The employer can fire you even without a reason, so they certainly don't need to justify the reason they give.



If you can PROVE they fired you because of your request to take 2 weeks off for your Reservist duty, then you might have a case. I'm not sure, but I believe federal (and probably all states) law requires employers to allow an employee time off for National Guard or Reserve duty. I'd recommend talking with a JAG officer or local employment law attorney for details on that. But again, you'd have to PROVE that this was the reason for your termination, and couldn't win a suit based on mere speculation it was the cause.

Answer 3

I'm sorry in most states a employer can fire you for nearly any reason they feel sufficient.I had a friend that had a similar situation and consulted an attourney who told him this.The fact that you feel it could have to do with the request for time off is just a hunch that would prove very demanding to prove.I'm sorry for your current situation but there is essentially nothing you can do.If there was a small chance you would need representation and the monetary award would beasically go straight to him.

Answer 4

Sorry to break this to you, yet except you labored in Montana, you reside in an "at will" state and you'd be fired for ANY reason, or no reason in any respect. it is not "wrongful termination" in any experience. in line with possibility you need to pass on, and take it as a stable lesson to no longer say issues on a social web site like facebook which you won't desire all people to study. "4. How can they declare that my pastime overall performance replaced into unsatisfactory to unemployment? ( in all of my annual comments, i replaced into instructed that my overall performance replaced into great!)" hassle-free. it could have been passable at your final assessment, yet grew to become unsatisfactory purely earlier they fired you..

Answer 5

balance what would be more valuable,,,,to file a complaint with the state labor board,,,,,or file and unemployment claim,solve the discharge issue with the adjudicator,if you have enough previous base period wages,you might get bennies,,,maybe the best way to cut losses is to hurry up get crckin on finding a new gig



per your grammar, spelling,word choice,and syntax, they do show need for improvement,you ought to practice composition,typing,writing,,,,,this perhaps you were not aware of,,,other deficits might be there as well,might explain your mystification,,,,