Legal Question in Employment Law in Virginia

Re: Fired Unjustly

maybe. If you are in a protected group (age (over 40), sex, race, religion,etc., then you might if you can show that non-minority persons were treated differently. the fact that a manager told you the obsecnity was not a problem is significant. If obscenitys are used in the workplace and do not result in disciplinary action would tend to show that this conduct is permissible. This of course can vary with the language and circumstances (i.e meetings, customer relations, etc.). If you are employed at will, then the company is free to fire you without reason or cause. The fact that the "wages are too high" is a legitimate business reason, even if unfair. The question would then be, who else is being fired for this reason? If others are paid similarly, and not fired, then the wage issue may not be the reason. COnsider also that if you are female, or a minority, and others (male and non-minority persons) are not being fired for higher wages, this is likely a discrimantory practice. If the company has not stated a reason, you may prevail at the unemployment hearing (should you apply). If you are union, then you must proceed with the greivance proceeding in order to protect your rights. It is impossible for me to provide any opinoin based upon the limited information in your facts. Generally, unless there is a contract right regarding your employemtn and terms and conditions of employment, you are probably without legal recourse for this unfair treatmetn. Check the company handbook regarding REQUIRED STEPS SUCHAS WAARNING R PROGRESSIVE STEPS WHICH MUST BE TAKEN PRIOR TO DISCHARGE. If you discover this is mandatory, and has not been followed, state this in writing to the company. Likewise if theis is not stated, but has virtually always been the procedure, state this inwiriting as well. If you are in a protected category you may well have a claim. Also consider what other motives may be involved, such as vesting in certain benefit plans.

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335