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KBrowne · Nov 23, 2007, 07:53 AM

I started a job on Sep. 21, 2007 and am being terminated on Dec. 1, 2007. My supervisor simply said I was not a good fit and I might not have known, but this is an at-will position so I am being terminated. The offer letter did not state it was at-will nor was in mentioned in the interview. Do I have any recourse?

froggy7 · Nov 23, 2007, 08:29 AM

No. The only possibility that would protect you is if the offer letter said that they were hiring you for X number of months, which would make you a contract employee. Failing that, I believe that all jobs in the US are at-will, which is actually good for you as well. Otherwise you couldn't take a better job offer if one came along either.

Fr_Chuck · Nov 23, 2007, 08:29 AM

"at will" is a state law, there does not have to be a notice. So unless you have a contract and/or unless you are union then your job falls under state law. You have the recourse to find a new job and move on with your life.

Emland · Nov 23, 2007, 10:26 AM

You are eligible for unemployment benefits if you were full time since you were there more than 30 days. Other than that, you have no recourse as the previous posters stated.

JudyKayTee · Nov 23, 2007, 12:50 PM

Originally Posted by Emland

You are eligible for unemployment benefits if you were full time since you were there more than 30 days. Other than that, you have no recourse as the previous posters stated.

Unless you were fired for cause - then you have no unemployment benefits for an extended period.

Fr_Chuck · Nov 23, 2007, 01:04 PM

Originally Posted by JudyKayTee

Unless you were fired for cause - then you have no unemployment benefits for an extended period of time.

Actually that is backwards, if you were fired for "cause" that means you did something wrong and you normally will not get unemployment at all.

If you were fired without cause, then you will get your unemployment.
And that is "if" you have enough paid into the unemployment department, and if your job is covered under unemployment.

JudyKayTee · Nov 23, 2007, 01:18 PM

Originally Posted by Fr_Chuck

actually that is backwards, if you were fired for "cause" that means you did something wrong and you normally will not get unemployment at all.

If you were fired without cause, then you will get your unemployment.
And that is "if" you have enough paid into the unemployment department, and if your job is covered under unemployment.

Again - varies from State to State. If you are fired for cause in NYS under some circumstances you CAN collect but there is a long waiting period and you collect under previous employers.

Emland · Nov 23, 2007, 03:28 PM

Originally Posted by JudyKayTee

Again - varies from State to State. If you are fired for cause in NYS under some circumstances you CAN collect but there is a long waiting period and you collect under previous employers.

That is interesting to know. In Virginia, if you are fired for cause which is basically theft or misconduct (and it has to be serious misconduct) you are ineligible for benefits.

In the OP's case, it appears from what we were told the OP was fired because they were taking longer to train, etc. That is not considered misconduct, and the worker is entitled to benefits, in VA.