Can I sue my employer for discrimination?
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Can I sue my employer for discrimination?
Im 21 years old. Im on felony probation for larceny
and had an old pending misdemeanor that Im still
going to court for. I recently got employed with a
landscaping company and I was very sure to tell the
boss I was on felony probation and took drug classes
Monday and Wednesday. I also told him I had court
on such and such date. He agreed to hire me and I
worked for almost a week. I went to court and when I
left around lunch time I called him to see if I could
come into work. He never answered the phone. I
tried texting him and calling him multiple times. No
luck reaching him. I showed up to work the next
morning and the crew that I worked with told me I no
longer worked with them and that I had been fired.
This was two days ago and I still cant get in touch
with my boss. Am I eligible to sue?
Asked on April 29, 2019 under Employment Labor Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Legally actionable discrimination has to do with receiving lesser treatment based on race, religion, age (over 40), nationality, gende, or disability. Having a criminal recorde and/or being on probation are not protected cateories. Accordingly, your employer could terminate you. The fact is that most work relationships are "at will". This means that absent a union agreement or employment contract to the contrary, an employee can be fired for any reason or no reason at all, with or without notice.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, you are not eligible to sue, because you have no right to or guaranty of a job: an employer may stop employing you at any time, for any reason, because employment in this county is "employment at will"--you only have the job so long as your employer wants you to have. While it is true that certain kinds of employment discrimination are barred, having a criminal record or being on probation is not one of them: an employer may legally cease employing you due to your record or probation.
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