I am a pool employee working full time hours until March of 2020 and then was off, along with many other pool employees.

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I am very sorry to hear about this matter. In employment law, if you do not belong to a union or you have your own contract that specifically states that you can only be terminated for cause, you are legally an "at-will" employee. At will, employees can be terminated at any time, with or without cause. The employer doesn't have to have given warnings, have documentation of violations, or even have a reason for termination. If the employer does give a reason, it doesn't even have to be accurate. The employer just has to avoid terminating based on race, religion, gender, age, disability, workers' comp use, or Department of Labor/OSHA complaint retaliation.

For there to be wrongful termination in employment law, you need one of two things.

1. You need to have a contract of employment that specifically states that you can only be terminated for cause. With such a contract, you can then sue based on breach of that contract and then establish that they did not have a cause.

2. You have to be able to allege discrimination based on race, religion, gender, age, disability, or FMLA use. You can file a complaint with the EEOC (or Department of Labor for FMLA discrimination).

In an "at-will" employment situation, the exchange would be more than a sufficient basis for termination, not because it is bad, but because there really doesn't need to be a reason for termination.

From the information you have provided, you may have a claim for wrongful treatment. This is especially true if you feel you have been treated differently as a result of your membership in a protected class (Age, race, sex, religion, disability, retaliation, harassment, national origin, or genetic information)

You can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). This is the federal agency that regulates employment discrimination. Filing the charge will also put additional pressure on your former employer to respond and take action. You can file this action yourself or through a local attorney. If you do decide to file on your own, you can file this through EEOC.gov. The specific link is https://publicportal.eeoc.gov/Portal/Login.aspx. If your case is found to have merit, the EEOC will take the case on your behalf. If you choose to hire a local attorney, I recommend using a free website, Avvo.com. Type in your zip code and the type of attorney you need. The service will provide a list of ratings, reviews, and rankings. I suggest you contact three before choosing one. It was my pleasure to help you!

I understand however, the same protocol would apply in this circumstance for retaliation. I would file with the EEOC as I had indicated above.

Do you have any other questions?

If you refuse, your unemployment may be affected.

Yes, that may be the case but you will have a claim through the EEOC.

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