Can I be terminated for performance two months after successfully accomplishing a performance test?

Two months ago my employer gave me a performance test. Three tasks were assigned to me that I had to accomplish in 2 weeks.

I was able to accomplish those within the time and have the documented proof. Even the employer cannot dispute the success.

Now I have been give a final performance warning with an open ended assignment that states that I have to accomplish any task assigned by my boss in two weeks or I can be terminated.

I would like to know If I have any legal safeguards. Seems like an excuse to terminate me without any severance payment.

Also this employer has engineers working overseas with much less pay. Could that be a cause for a discrimination suite?

1 answer  |  asked Jul 2, 2001 7:13 PM [EST]  |  applies to California

Answers (1)

kerry gough
At will employees

You are probably an at will employee, which means that your employer can terminate you without cause, so long as the reason for the termination is not prohibited by law--such as race, age, sex, national origin, disability, sexual orientation, etc. That the employer pays overseas employees less does not give you a claim. Based solely upon your brief message, the employer may not have violated any law. There is no prohibition against poor and arbitrary management practices. Bear in mind that you should obtain several legal opinions; different lawyers look at factual situations differently, and other lawyers may have a more positive reaction to your situation. By responding to your inquiry, Gough and Cohen and Kerry M. Gough do not become your attorney and are not obligated to take any action on your behalf.

posted by kerry gough  |  Jul 2, 2001 7:37 PM [EST]

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