Wrongful Termination

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Wrongful Termination

Can an employer terminate you if you do not pass an adjusters license test?
This was not a requirement when I was hired and in March they told me
about this class. I took the test 4 times and could not pass but for my
position as Claims Supervisor I don’t process or handle any insurance claims
or talk with clients regarding insurance packages. I was hired to do the
operational duties, handle employee weekly reports, monthly reports,
vacations, payroll, and employee issues. In my position the license was not
necessary, they made it a job requirement and since I did not pass the test,
they let me go. I was never once put on a disciplinary action or written up in
the 4 years I worked there. I know that Ohio is a at-will state but can they
fire me for this reason?

Asked on July 29, 2016 under Employment Labor Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did your treatment constitute some form of legally actionable discrimination? Did it violate the terms of an employment contract or union/collective bargaining agreement? If not, then your employer's action was perfectly permissable. In an "at will" work arrangement, an employer can set the conditions of employment, or continued employment, much as it sees fit. This includes requiring the successful passage of a test the was not required at the time a worker was initially hired. The fact is that a company can termiate an employee for any reason or no reason at all, with or without notice.


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