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  • Wrongfull termination?

    My husband was working for a state agency here in Nebraska. On the last day of the probationary period he was told that they were letting him go. He was given no reason, nor was he given any warming that this would happen. He was told that because he was still in the probationary period he could not file a grievance. Is it possible that this could be a case of age discrimination. There really seems to be no other explaination. Do we have any recourse?

  • #2
    On the basis of what you have posted, no, this was not a wrongful termination. You have provided no reason whatsoever to assume that it is age discrimination.

    They are not required to give him a reason; they may fire him for a good reason, a bad reason, or no reason, as long as it is not a reason prohibited by law. Unless a specific law prohibits an employer from firing the employee for the reason they did, it is not a wrongful termination.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Shouldn't you be given some indication that you might be let go? Is it appropreate to wait until the very last day? Or are you telling me that a person should expect that they might be terminated even if they feel that empolyer is satisfied with their preformance?

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      • #4
        I didn't say it was good managment. But bad management is not illegal.

        The law does not require that he have been given prior warning that his job performance is unsatisfactory. I personally believe that it is good management to do so. But their failure to do so is not illegal and does not turn this into a wrongful term.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          BTW, on the age discrimination issue;

          If they were planning to discriminate against him based on his age, it would have been easier and cheaper for them not to hire him in the first place. You still have provided no information explaining why you believe it is, but he will have a very hard time making such a claim since the company's defense will be that he was the same age when they hired him.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Originally posted by Marilyn Kruger View Post
            Shouldn't you be given some indication that you might be let go? Is it appropreate to wait until the very last day? Or are you telling me that a person should expect that they might be terminated even if they feel that empolyer is satisfied with their preformance?
            from what i know any empolyer in nebraska can fire an employee without warning and without any reason why. it is poor managment, however not illegal.

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            • #7
              Again.

              At the top left of each post is the date.

              Please reserve your "Yeah, me too" comments for posts generated within the last month or so... okay?

              We get it, you live in Nebraska. You don't have to answer every Nebraska or adultery related posting.
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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              • #8
                Jeff, I could have lived without the last comment, okay?
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Originally posted by cyjeff View Post
                  Again.

                  At the top left of each post is the date.

                  Please reserve your "Yeah, me too" comments for posts generated within the last month or so... okay?

                  We get it, you live in Nebraska. You don't have to answer every Nebraska or adultery related posting.
                  i apologize cyjeff, i did not relaize these we older posts. i just assumed if they we no longer active people would not be able to respond.
                  again im sorry

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