Is it legal to fire an employee on the basis of “lack of experience,” if the employer had explicit knowledge of said lack of experience when they hired the employee?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to fire an employee on the basis of “lack of experience,” if the employer had explicit knowledge of said lack of experience when they hired the employee?
Asked on January 8, 2013 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
As unfair as this may seen, yes it is legal. The fact is that an employer may hire/fire at will. Additionally, it may discharge an employee for this reason or no reason at all. So unless your termination constitued some form of actionable discrimination or violated the terms of company policy or an employment/union contract, its actions were perfectly permissible.
That having been said, you may possibly have legal recourse based on something in the law known as "detrimental reliance". For example, if you turned down another job or quit a job based on your employer's credible promise of steady employment even after you informed it of your experience level then may be able to hold the employer liable, However, this is not at all clear that you have such a claim based on the limited facts presented. Consequently, if you think that you can make a case for detrimental reliance, you may want to consult directly with an employment law attorney in your area and see if you have a claim worth pursuing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.