Can someone befired after2 days on the day because they did not finish college?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can someone befired after2 days on the day because they did not finish college?
The question of college never came up in her interview except: “Which school did you go to?” She told them and that was it. Never the question of whether or not she graduated. The first day on the job they found out she didn’t graduate and fired her the next day; at the end of the day. When I inquired as to why, they told me that she was not qualified. I asked what qualifications she needed and what the job duties were. Basically she needed a BA to clean the office and take calls. I asked a BA in what? They didn’t care. I feel like there is a bias against those without education.
Asked on July 29, 2010 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There might be a bias against those with a college degree. However, that bias is legal. Only certain forms of discrimination or bias are specifically illegal: e.g. vs. race, sex, religion, age over 40, disability. Over types of bias are allowed, so it's ok, for example, for a business owner to fire someone because he doesn't like the fact that she's a Tea Party member. Generally speaking, except for those few, specifically protected areas, employment is employment at will, and employers may terminate someone at any time, for any reason.
Moreover, a good case could be made that your girlfriend lied on her application, which would generally be grounds for termination for cause. When someone asks, "which school did you go to," it is understood to mean which school(s) did you graduate or receive a degree from--that's the purpose of the question. Answering that you went to a certain school when you never received a degree or graduated would usually be considered an untruthful answere in that context.
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.