Is it legal to fire me if I can’t reach an unattainable goal?
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Is it legal to fire me if I can’t reach an unattainable goal?
I had finished beauty school and was hired in a salon without my cosmetology license. I had scheduled to take state board licensing test at no request of my boss after 2 years of working
because I felt it was time to have my license. After taking the test, I found out that I failed and I informed my boss. Then, 2 weeks later, after I had taken a week for FMLA, I went back and she said that I had 2 weeks to retake the test and have a license and in the meantime I would be suspended. I alone do not choose a test date; I had actually even stated to her that I had already bought my papers to state board and had proof. However, they said I would not be able to get a test date for 2 months. Which she knows because she had also called, she said that’s HR rules and that’s that. If you did what I had to do and registered for a test and
the rest is out of my hand. Do they have a right to fire me at the end of the 2 weeks?
Asked on April 6, 2016 under Employment Labor Law, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The fact is that most employment relationships are what is known as "at will". This means that an employer is free to set the conditions of work much as it sees fit. This includes who to fire, when and why. In fact, an employee can be fired for this reason, any reason or no reason at all, with or without notice. This is all true unless your treatment will constitute some form of legally actionable discrimination, or if it will violate the terms of any applicable union agreement or employment contract. Otherwise, and unfortunately, your employer can terminate you as planned.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
All employment is employment at will, unless and only to the extent you have a written employment contract which limits the enoloyer's ability to terminate you. In the absence of a contract, you may be terminated at any time, for any reason, including the reason stated or the inability to reach an unobtainable goal. So yes, you may be terminated.
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