Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

can you be forced to resign or face termination for considering another job while on probation?

there was no notice given, no mentioning of using employer resources, no anything, just that b/c i was considering another place to work that was closer to home, i was told that the facility didnt want to pay the salary to me anymore. then, the guy came back with some off the wall lame excuse for his decision, that i'm really interested in one aspect of the whole job and that my interests conflict with the facilities interests. i worked as a therapist and i love doing psych testing. i did it here and there and we billed legitmately for it. i saw patients too. it wasnt a problem that i knew of. in fact, no one had told me of any problems at all. my manager told me during this meeting that i was turning patients away but that never occurred. neither the director (who faced me) nor my manager ever advised of any wrongdoing and the "reasons" given were no where close to be true.

do i have any rights?

2 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    It depends on your state, but most employment positions are "at will" and not backed up by a contract. In some states, even if you have an employment contract, it is not guaranteed that the contract has to be fulfilled.

    If you were in an "at will" position, then it is harder to seek retribution for your termination. However, most employers will have a warning and documentation system to protect them in a lawsuit. If your employer had a disciplinary system laid out in an Employee Manual and that employer did not follow it, then you have more chance of succeeding in court.

    Your chances of winning a case of "wrongful termination" depend on (1) did they give you a warning about what you were doing wrong? (which would be "no" in your case) (2) do they have any documentation that they kept regarding you doing things wrong? (3) do you feel that you've been discriminated against in some way? etc.

    My advice, just by looking at the information your provided, would be to consult with an attorney, present your case, and he/she will advise you of your chances of winning.

    You do have rights, you just have to research what your state says and what your employee manual (if any) stated.

    Good luck!

  • 1 decade ago

    Depends on the state you live in, some states allow either party to terminate the employment without any reason given. Other states however are more 'pro-employee' or 'pro-employer'. You need to check what your state employment laws are. A word of advice, never ever let anyone you work with, no matter how much you trust them, know that you are considering another position. Things or people in this case leak and cause situations like this one. You can speak to an employment lawyer and explain your situation but unless this is documented on both sides it will be your word against theirs. Now if you worked for them as an employee and you were moonlighting as well, they would have had grounds on which to fire you. That's a conflict of interest. Most employers have you sign a document when you begin with them with a non-compete clause. However, even if they didn't they may still be vindicated in court over it. Good luck with your practice and take this as a life lesson learned.

Still have questions? Get your answers by asking now.