The first thing I look at, in that regard, when I meet with a new client (or a new potential client) is, I’ll say, “Did they tell you why you were being terminated?” And if they say yes, I say, “Was it put in writing?” And often times it’s not, just because the employer’s scared to go that far (because they don’t have to), but if they have a reason, I look at it, and I say, you know…
“Does this pass ‘the giggle test?’ Is this completely fabricated? And if so, is there another reason they’re covering it up that could be an unlawful reason, and giving this to cover it up?”
And usually they have an opinion on that.
”
Does this pass ‘the giggle test?’
If I get someone that says, “They didn’t give me any reason at all,” and they think that’s unlawful just in-and-of itself, which it isn’t (as we discussed), but again, a red flag goes up. Because if they’re not giving any reason, there’s something going on.
Everybody has a reason why they’re terminating somebody. If its’s a lay-off, say a lay-off. If they’re not giving you a reason, is there a reason *you think,* again, that they’re trying to cover up, and is it an unlawful reason?
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John Bolanovich is an Orlando commercial litigation and employment law attorney with Bogin, Munns & Munns, a full service law firm with offices in Orlando, Clermont, Cocoa, Kissimmee, Orange City, Daytona Beach, Ocala, Melbourne, Gainesville, Titusville, St. Cloud, The Villages, and Leesburg. He welcomes questions and comments regarding the above and can be reached at jbolanovich@boginmunns.com.
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