Q: I was not under any kind of employment contract, but I was hired as a paralegal for a labor union. I am a certified paralegal, but I had no contracts administration experience. The union brought in a trainer to train me, and the business manager told me I was doing a good job. No one criticized my work, so I thought I was handling the job well.
You can imagine my shock when, after nearly five months, the business manager called me into his office to tell me he thought that the job was a poor fit for me with the many contracts coming in and that they needed someone with more contract experience. I asked whether I had offended anyone and whether anyone had complained about me. He said no, that everyone liked me. He gave me a week's severance and accrued vacation. An hour later, one of the business representatives drove me home. I was let go without warning and without write-ups. Can I sue for wrongful termination?
A: As long as you know you are not the victim of discrimination, leave it alone. It is upsetting to be let go, even with warnings, but that is what "employment at will" means. Employees can quit without notice, and employers can fire without notice (absent discrimination of age, race/color, religion, national origin, equal pay/compensation, sex, sexual harassment, genetic information, pregnancy, disability and retaliation).
If the business manager thinks he made a poor decision by hiring someone with too little specific experience, accept it. Perhaps you did well for your limited amount of time there, but the office's needs became greater than he had foreseen. Or perhaps someone higher up wanted to bring in a friend to the position, which is also possible. Lawsuits are not an easy path to take, though discrimination matters should be pursued for the greater good.
Understandably, you were in shock at the time and unsure how to respond. Because you and your boss acted professionally, you can call him now to discuss the situation. Don't put him on the spot by asking awkward questions, even if there was another reason for his letting you go. Use his explanation that everyone liked you to your advantage. Tell him you enjoyed working there, and ask whether he would give you a reference. That would help you greatly when interviewers ask why you left the job so soon.
Caught Violating Employment Agreement
Q: I am a licensed teacher who worked as a tutor through an agency. I tutored a young boy from a very wealthy family. His mother asked me whether I could take him to an activity unrelated to tutoring. I agreed and asked that the work be paid directly to me. The agency found out and stopped me from taking on any more tutoring jobs. I don't think I violated the agreement, because the work was not tutoring.
A: The contact was initially made through the agency, so without it, you would not have obtained this family as a client. Have a lawyer read your employment agreement to see whether there is a clause regarding work apart from the tutoring. The lawyer might be able to argue that you thought it was separate and apart and at least get you reinstated for tutoring. It is possible that the person who reported you was the boy's mother. You may need to explain your position more clearly so the mother and the agency do not think you had fraud in mind when you asked to be paid directly, leaving out any commission the agency would have made.
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What is the hardest topic to discuss at work? E-mail Lindsey Novak atLindseyNovak@yahoo.com with all your workplace questions. She answers all e-mails. To find out more about Lindsey Novak and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.
You can imagine my shock when, after nearly five months, the business manager called me into his office to tell me he thought that the job was a poor fit for me with the many contracts coming in and that they needed someone with more contract experience. I asked whether I had offended anyone and whether anyone had complained about me. He said no, that everyone liked me. He gave me a week's severance and accrued vacation. An hour later, one of the business representatives drove me home. I was let go without warning and without write-ups. Can I sue for wrongful termination?
A: As long as you know you are not the victim of discrimination, leave it alone. It is upsetting to be let go, even with warnings, but that is what "employment at will" means. Employees can quit without notice, and employers can fire without notice (absent discrimination of age, race/color, religion, national origin, equal pay/compensation, sex, sexual harassment, genetic information, pregnancy, disability and retaliation).
If the business manager thinks he made a poor decision by hiring someone with too little specific experience, accept it. Perhaps you did well for your limited amount of time there, but the office's needs became greater than he had foreseen. Or perhaps someone higher up wanted to bring in a friend to the position, which is also possible. Lawsuits are not an easy path to take, though discrimination matters should be pursued for the greater good.
Understandably, you were in shock at the time and unsure how to respond. Because you and your boss acted professionally, you can call him now to discuss the situation. Don't put him on the spot by asking awkward questions, even if there was another reason for his letting you go. Use his explanation that everyone liked you to your advantage. Tell him you enjoyed working there, and ask whether he would give you a reference. That would help you greatly when interviewers ask why you left the job so soon.
Caught Violating Employment Agreement
Q: I am a licensed teacher who worked as a tutor through an agency. I tutored a young boy from a very wealthy family. His mother asked me whether I could take him to an activity unrelated to tutoring. I agreed and asked that the work be paid directly to me. The agency found out and stopped me from taking on any more tutoring jobs. I don't think I violated the agreement, because the work was not tutoring.
A: The contact was initially made through the agency, so without it, you would not have obtained this family as a client. Have a lawyer read your employment agreement to see whether there is a clause regarding work apart from the tutoring. The lawyer might be able to argue that you thought it was separate and apart and at least get you reinstated for tutoring. It is possible that the person who reported you was the boy's mother. You may need to explain your position more clearly so the mother and the agency do not think you had fraud in mind when you asked to be paid directly, leaving out any commission the agency would have made.
========
What is the hardest topic to discuss at work? E-mail Lindsey Novak atLindseyNovak@yahoo.com with all your workplace questions. She answers all e-mails. To find out more about Lindsey Novak and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.
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