Can a company prevent a terminated employee from filing an appeal with the company regarding their termination?
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Can a company prevent a terminated employee from filing an appeal with the company regarding their termination?
I was terminated from a well-known retail store 2 weeks ago. I knew that a customer had complained a couple of weeks prior to management that I was being ” aggresive”. The assistant manager who fired me told me that the customer was filing charges; I knew nothing about this. I was told by this manager that the video of the incident did not show that I was being aggressive. She could not make the decision about my fate, so they left it to the next higher manager. That manager the decision to fire me. At my request I was given the name and number of the person to contact to appeal. As of today calls have not been returned.
Asked on January 19, 2011 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I assume that the appeal that you are referring to is an in-house appeal to a higher up authority at your former employer (as oppossed to an apeal with your state's labor board). That being the case, unfortunately you have no rights to such an appeal. That is unless you have an employment contract or union agreement allowing you to do so, or company policy provides for this. Additionally, if you have been denied this right due to some form of workplace discrimination you may have a claim.
Basically, most employment relationships are what is known as "at will", which means that you can choose to work for an employer or not, and an employer can hire or fire you for any reason, a bad reason, or no reason . While seemingly unfair it's the law.
Note: An employer can not prvent an employee from pursing an appeal with a state labor board.
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