Legal Question in Employment Law in Maryland

Can an employer use any termination reason?

I was employed with a government contracting company for two years.One day I get a phone call from my contracting company telling me I have a meeting with the president.When I arrive I was told that the client is no longer funding my position and that my services were no longer needed on that project.Then I was told that the contracting agency had no more work available, therefore I was terminated.That same day,a coworker of mine was also released from the project I was on.The difference is that the contracting agency placed her on another contract when I was told nothing was available.My skill set is far more developed than the other employee and I would have been qualified for the job.The following Sunday,I see an employment advertisement for open positions through my contracting agency at the client site I worked at.This is the same position I held before being terminated.Is it legal to tell someone that you are being fired because the position is no longer being funded, but that is really not true because you are hiring?


Asked on 10/16/03, 12:06 pm

1 Answer from Attorneys

Re: Can an employer use any termination reason?

It is legal unless the falsehood is a pretext for discrimination. For example, if they really fired you because of your sex, age, race or religion, that of course is illegal. More likely, though, someone did not like you or did not want to pay your salary, but did not have the nerve to be honest.

If you want to, you can call, explain the facts as you know them, and ask for an explanation. If you do not get a reasonable one, you can threaten to being a discrimination claim unless they give you a reasonable one, on the grounds that you have no other explanation.

If you find out or feel that discrimination was part of the decision, then you can call the OFCCP office (OFfice of Federal Contractor Compliance Programs)at the US Dept. of Labor and ask for help deciding whether to file a discrimination claim.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

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Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 10/16/03, 7:10 pm


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