Fired, But Alcoholic Co-Worker Still Working

[CatBlue2004]

My jurisdiction is: New York, NY

Hello all, I hope my note finds you doing well. I was let go from my job on Wednesday, 11/5/08. The man I worked for said he just did not feel our personalities clicked (i.e., I was not like his former assistant of 40 years, before he moved from Boston to work here in New York). This is a very petty, inane reason to let me go! The COO, the man who hired me to work there, said over and over that it had nothing to do with my performance, that my work was excellent and I would be difficult to replace.

Meanwhile, one of my co-workers there is a serious alcoholic who takes 2 hour lunches and comes back drunk, but I am the one being let go? This seems impossibly unfair, but I do not know if it is enough to pursue legally as a wrongful firing. Would you please advise? I look forward to your replies.

 

[cbg]

No, this may or may not be unfair, but it is not illegal. They have no legal obligation to fire the other employee before you, and personality conflicts are legal reasons for a termination.

 

[CatBlue2004]

Hello, thank you for your quick reply. I know that 100% of the time "at-will" employment means there is no recourse, but I just needed to confirm. It still seems that there should be a "good cause" to fire someone, not just "You're not like my last assistant from Boston and I miss her." Seriously! My work is exemplary, so how do they justify letting me go and keeping on a known alcoholic? It just does not make sense to me.

Moreover, they offered me two months severance, but I have to sign a letter FULL of legal jargon before they give it to me. I do not have a lawyer to review any of it, but I believe the gist is I release them now and forever from any claims. If they are so in the clear with letting me go, why do I have to sign this?

 

[cbg]

It is standard operating procedure to require a waiver before releasing severance. It's not an admission of illegality or guilt; it's good business practice.

You don't have to sign it. They don't have to give you severance.

And no, in 49 out of 50 states (and sometimes in the 50th) they can legally fire you for any reason not SPECIFICALLY prohibited by law. It is 100% legal in all but one state (and sometimes there) to fire you "because you're not like my last assistant".

 

[CatBlue2004]

I appreciate your reply and expertise, thank you.