Legal Question in Employment Law in District of Columbia
Forced out
I was given 30 days to improve my performance on the job and address several points of concern. I was told that I might have to ''part company.''
On the 30th day, I met with my employer who gave me another 14 days to ''evaluate'' whether or not the job I was ''a good fit'' for the job. I had been there 2 years, and I thought they were happy with my work until I had that meeting giving me 30 days. During those 30 days and again during the subsequent 14 days, I was shunned by management. Other workers met about projects, and I wasn't included. They were forcing me out. My meeting on the 14th day was delayed a few days. On the 16th day, the company released me from my duties, and I signed a document that made it appear as if I had quit. I signed under duress. But, the letter also explained my severance. The termination appeared to be a forced quit and a layoff at the same time. Two days after I was terminated, the company posted an opening for my position. They forced me out for no reason. They boss also told me he would write me a personal reference if I needed one for my next job.
Do I have a case?
2 Answers from Attorneys
Re: Forced out
I can't answer your question without details, but here are the issues. If you do not have a personal contract, union contract, or a company policy that might provide protection(such as a promise of progressive discipline prior to a discharge), then you are an "at-will" employee. This means that you can quit or be fired for any legal reason, at anytime, with or without notice.
Illegal reasons include discrimination based on race, sex, religion, age and national origin.
If you believe you have been discriminated against, or treated unfairly compared to others in the company, then you might want to talk to a lawyer to see if you have any grounds for action. Please feel free to call me for a free consultation to review the situation.
Obviously, though, the company does not want to retain you. Right or wrong, and as difficult as it is for you, it is probably best from a practical standpoint for you to concentrate your energy on finding a new and better employer. If you can, find out from your old boss what areas he/she recommends for improvement.
Also, request the recommendation, but be sure it is given directly to you. That way you can review it before using it. Also, if it is particularly good, it might contravene the company's reasons for discharging you, whatever they are, if you do bring a legal action and have to prove that the company's reasons are untrue.
You can also try to apply for unemployment. You will have to explain that you quit under duress and thus were actually discharged. There is no guarantee you will get it, but there is a chance.
Good luck.
Jeff Sheldon
Jeffrey L. Sheldon, Esquire
The Sheldon Law Firm
6932 Mayfair Road
Laurel, MD 20707
301.604.2497
fax: 301.776.3954
http://www.SheldonLawFirm.com
Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.
Re: Forced out
The District of Columbia is an employment at will jurisdiction which means that unless you have the special protections against summary termination afforded by a contract or collective bargaining agreement, the latter of which comes with a union card, under the facts you've outlined I would surmise that, no, you don't have a case.
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