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Stephen L, Expert
Hello, welcome to JustAnswer! My name is***** will be the expert helping you today. I have been practicing law for 25 years in the Federal and State courts.
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Stephen L, Expert
Please give me a few minutes to prepare an answer to your question and I will get back to you shortly.
Stephen L, Expert
If you do not have an employment contract or are not a member of a union, your employment would be considered at-will which means that employers may hire, fire, set or change employment arrangements as needed, provided they meet legal parameters. That is, they cannot discriminate based on race, religion, nationality, sex or age or due to a disability of the employee without providing reasonable accommodations. Nor can they pay below proscribed law (Minimum wage), but other than these restrictions, employers may set, change or terminate work assignments as they deem necessary.
Having a bad boss or a bad work situation is not a protected legal status. Bosses are allowed to be mean, petty, angry, unfair, cheap or repulsive -so long as that they are not doing so in a discriminatory fashion.
There can be charges against you and held against you that you deem unfair. "At will employment" means you do not have the right to do anything about it except resign or seek a voluntary solution between you and your employer.
Your employer is required to pay you for all time that you worked but they are not required to pay you any comp time, even if promised, for time you did not.
If they do terminate you, and so long as there was no "cause" for your termination - a violation of law or otherwise "bad act," you would be entitled to unemployment insurance.
That is not to say you are defenseless, if you can present evidence that the charges are baseless. You have the option to hire an attorney to investigate the matter and present your attorney with a dissenting report. They do not have to accept it, but they will be required to consider it with respect to an application for an end to probation or alternatively an application for unemployment benefits, or a future job.
In most situations, employers are not required to prove grounds for termination, but if you were to seek to pursue a claim for wrongful termination, as the Plaintiff the burden would be on you to prove that you were fired illegally.
If you feel you are being targeted, the best thing to do if there is no discriminatory aspect is to prepare to look for a new work situation. It is always easier to find a job when you already have one.
If you do believe you have a legal claim, you should consult with a local employment law attorney. Hiring a private attorney will go a long way in giving you professional representation who can look at your case, form a strategy and forward your best legal argument, It will also serve to make the judge and parties involved take your position more seriously and give you your best chance at success.
Stephen L, Expert
I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response about which you need clarification or further information? Did you have any other questions on this subject for me today?
Stephen L, Expert
No. Unless they are threatening the life, health or safety of the workers it would not meet the definition of legal harassment.