Runaround

[DrFaroohk]

I'm probably just blowing smoke anyway, but I've been asking some different legal types about whether or not my termination was legal.

I get the same response - my state is "at will" so there are no laws regarding such things...

I know I live in an at will state and I know what it means...but when they keep telling me there are "no laws" on the matter....of COURSE there are laws on the matter! You can't fire someone because they are black, gay, jewish, or for a million other reasons.

I feel like i'm just getting a runaround. All I really want to know is if there is a law or not on the books that says a company must follow its own policies, which is my situation...I got fired because my mother-in-law works with me. Nepotism. Fine, I accept it. But if that's the case, don't they have to enforce that policy equally on everyone (and there's a million cases where they've looked the other way...why not in mine???)

[Bright_Star]

Living in an "At Will" state means that they can fire you for any reason or no reason at all. Yeah, it sucks but that's how the "Big Box" stores stack the deck against the poor slobs who work their fingers to the bone.
There ARE laws regarding such things. Somebody is just blowing smoke up in your ass. Just Keep digging, you'll find what you want sooner or later BUT I don't think you'll like what you end up finding out.

[Gerrinson]

I live in an 'at will' state. The easiest way to fire someone is to give no reason at all, just 'You're fired'. If they state a reason, and you have documented cases where they have NOT fired people in the same or very similar situations, then you do have the possibility of a case.

But most likely it will be a long drawn out court affair that, at best, might get you back pay for the time between them firing you and the time you got a new job. In other words, attorney and legal fees will put you very much on the losing end, even if you win.

And because it is an 'at will' state, they won't get punished for firing you because they can do so 'at will'.

Long story short, as much as they suck, you're probably wasting time and energy better spent on finding a job elsewhere. Sorry.

[Skeksin]

I've always understood Nepotism to be if YOU hired them. If you aren't in charge of hiring/firing......

Looking it up the definition comes across as: Nepotism is the showing of favoritism toward relatives and friends, based upon that relationship, rather than on an objective evaluation of ability, meritocracy or suitability. For instance, offering employment to a relative, despite the fact that there are others who are better qualified and willing to perform the job. The word nepotism is from the Latin word 'nepos', meaning "nephew" or "grandchild".

So if you are in charge of the Hiring/firing but can show that, of the candidates, they were the best choice it still wouldn't be Nepotism.

To my limited understanding of the issue anyway. I'm not a lawyer or anything so I'm sure there are a TON of legal tripwires here.

[wraiths_crono]

One situation I came across, at least in my at will state: IF they give you the reason they fired you, you can fight that reason. if they did not give the reason, no dice.

[wagegoth]

It depends on what the policy says and if it's in the Employee Handbook, etc.

IANAL! Contact your labor commission/department/board and explain the situation. If you have or can get a copy of the Employee Handbook, let them know what policy says. Their services are free to you, unlike a lawyer, and they can file a complaint with the employer and force them to answer the complaint.