Q: I was fired from my job of two years for drinking alcohol with a coworker. However, hes still employed there. What next?
Hired in Aug 2014. Fired in Sep 2016. I had a sexual relationship with the owner for most of my two years of employment. We were on-again-off-again relationship. I had a sexual relationship with a different girl (unrelated to work) and my owner found out. Since that happened, she has wanted me toquit. She threatened to contact my family and landlord to tell them about our sexual past and my on the job alcohol consumption incident. She ended up telling my landlord. When I arrived to a scheduled shift, she demanded I leave or she would call the police. I argued with her about it, and she did indeed call them. After that, I was taken off the schedule completely. I asked her if I was being terminated. She said yes. I asked her on what grounds. She responded with "you drank at work." But my coworker who also drank at work is still working there and is only 20 years old. I feel like I am being retaliated against for our sexual relationship issues, and the alcohol consumption is not a factor?
A: If you were an at-will employee, you can be fired for no reason. To avoid a claim of retaliatory termination, it sounds like your employer can point to an actual reason for your termination that has nothing to do with retaliation, namely drinking alcohol at work. As for telling your landlord about your potentially private sexual relationship with the employer, your employer may have violated your privacy rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
