I was recently terminated and I’m wondering if it was legal

UPDATED: Sep 30, 2022

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I was recently terminated and I’m wondering if it was legal

I was recently terminated at my job the day after I sent an email to my supervisor requesting days off for national guard drill. The reason was for

Asked on November 15, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The issue is whether they (your employer) can back up their claim that this was performance-based: if it *was* performance-based, it's likely legal, but as you write, there does not seem to be evidence of that; and if they cannot show a valid reason, then based on the timing and circumstances, this may be illegal retaliation against someone for their military service. Try contacting the U.S. Attorney's office: I used to work there while in law school, and I actually handled a case where the U.S. Attorney was representing an army reservist who was apparently fired due to his annual miltary service and we won him reinstatement and back pay. The U.S. Attorney's Office may be able to help you.

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