Appellate Practice Attorney serving New York, NY
The simple answer is probably yes, but there may be complicating factors. Did you lie about your education level when applying for the job? Assuming you did not, did you have a contract specifying the reasons why you could be fired? In some cases an employee manual might constitute such a contract, if it provides, for example, that employees will only be fired for good cause. Absent such a contract, however, in most states you were what is known as "an employee at will", and could be terminated for virtually any reason that is not specifically protected by statute. Some examples of statutory protections include being fired based on gender, religion, nationality, disability, and age. Some jurisdictions also provide protections against being fired based on sexual orientation, and many jurisdictions protect people against retaliation for filing complaints against their employer or 'whistle blowing" about an employer's infraction, or from being fired because of their political beliefs or speech. While an employer can fire an employee at will for not having enough education for the position, if you can show that this was a pretext, and that you were actually fired for some improper reason, you may have a claim. The fact that you worked for this employer for several years and that your performance was presumably satisfactory may be evidence that the the reason you were given for your discharge is not the real one.
Answered on Jun 07th, 2012 at 6:51 PM