Legal Question in Employment Law in Washington
I just didnt fit in??
It's been awhile now but I am still wondering about the legality of ''you just don't fit in''as a reason for termination. Here is the story:
I was a regional sales rep with a food broker and was recruited by a vendor to work for them. I gave my notice to the brokerage and then proceeded to spend the next four weeks training my replacement. This entailed many hours of extra work and stress. With the well wishes of my former employer, I flew to the new companies headqaurters for group training. During the five day training period we were treated to lunches and dinners at variuos restaurants and bars. During these outings there seemed to be a lot of alcohol consumed. Being one that doesnt like to drink, I would only consume one or stick to soft drinks. By the end of the evening most of my fellow trainees seemed to be intoxicated as well as the management teams from the company. Thursday I overheard a conversation concerning the position that I had been hired for. My position had been offered to a current employee before they hired me but she had turned it down and now had changed her mind and wanted the position after all. On Friday, just before my flight left I was informed ''I Just didnt fit in'' I was given one weeks pay. Thats it.
2 Answers from Attorneys
Re: I just didnt fit in??
You mentioned that you were flown to another location for group training. Was this in another state? If so, that state's law may also apply. (Same thing if you flew to Washington from another state, since they actively recruited you in your home state.)
Under Washington law, you can be let go for any reason or for no reason at all, so long as it is not an illegal reason. "You just don't fit in" might be illegal if it is pretext for, "We didn't realize that you were a Muslim or a Mormon until we saw that you don't drink." It would be unjust, but it would NOT be illegal, if it is pretext for, "We like to party here and if you can't do that, you can't be one of us."
There is a remote possibility that you have a case based on the fact that you left another job in reliance on this offer, but I would need more details about what exactly was communicated.
You mention that "it has been awhile". More probably than not, you don't have a case, but if you think you might, you should consult an attorney as soon as possible. Statutes of limitations vary, but some are quite short. (The deadline to file a claim with the EEOC or WHRC is 180 days after the offense took place.)
Meanwhile, on the facts that you have given here, you would definitely qualify for unemployment compensation. I hope you have applied for it while you are looking for work, if you have not already found something else.
Re: I just didnt fit in??
Ms. Beecher has provided you with an excellent answer.
There's just one thing I wanted to add. If you were let go for a reason that violates the WA State Law Against Discrimination (for example, if you were the only trainee over 40 or the only person of color) you have three years to file a lawsuit in state court in Washington. You do not have to file with the HRC or EEOC first.
Take care, and good luck.
Merry Kogut
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