Can I file a wrongful termination suit when there is no written policyregarding thequanity of job performance?
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Can I file a wrongful termination suit when there is no written policyregarding thequanity of job performance?
My employer verbally stated that it wanted 100 charges to be looked at in a day (1 every 4 minutes; 13 an hour; 100 a day) which is unobtainable with the limitations they give. You cannot work a claim properly every 4 minutes. I was called into a 90 day review 3 months ago, then subsequent meetings each of the following months – all about production numbers. No one else had as many meetings as me – and their numbers are lower than mine were. I proved them wrong on accusation. Then I was let go 1 week after the last meeting.
Asked on March 20, 2011 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Most employment relationships are what is known as "at will". This means that you can work for an employer or not, your choice. In turn, an employer can hire or fire someone for any reason or no reason whatsoever. The exceptions to this are: 1) If there is an employment contract governing termination that runs counter to the circumstances surrounding your firing; 2) If there is a union or collective bargaining agreement to the contrary; 3) If there is an employee handbook or other company policy which does not allow for the way in which your were treated; and 4) If discrimination is a factor (there can be no termination for reasons of race, religion, age, disability, sex, national origin).
With regard to the last exception, if you do feel that you were discriminated against based on your membershipin a protected class (race, religion, etc), you can file a claim with your state labor board or you can consult directly with a criminal law attorney.
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