Question

Bob works for Jet Skis Incorporated, and is the top salesperson for the past five years. The manager Bill tells Bob “I have to let you go, good luck finding a new job.” Bob asks why and Bill says “You are an at-will employee, I do not have to give you a reason.” Bob, who is 44 years old, notices three other employees were also terminated, all identified as Hispanic ethnicity, over 40 years of age. Does Bob have any actionable claim he can file against the company? Explain what is the bases of his claim?

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Francis responded with:

I believe that when jobs do these late notice firing, it is hard especially for the older age group to regroup and get other jobs. Sadly, this stuff happens a lot, to minorities and to the older folks as well. Despite it being wrong, companies are allowed to let go of at-will employees at their disposal. However, with the situation that America has been under recently regarding the Coronavirus, people have been losing their jobs due to desperate measures. During this time it seem that the jobs don't want to necessarily let their people go, but it's because of money issues and other rising problems. Since, all the other employees that were fired were all Hispanic and over the age of 40, it does seem suspicious for Bob, however I don't think he would be able to make a claim against the company. If they are at will employees and also not completing the tasks and job they were asked to do, the company has a right, however morally it is wrong. If Bob were to go, they would probably look into the companies history, and if suspicious firings happened in the past there might be a case, however, as mentioned before, sometimes it's not the companies fault. Under special circumstances like COVID-19 it is hard to see many people losing their jobs, however it will be nice to bounce back into normal.

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Now for chegg, I want you to respond to Francis in a minimum of two paragraphs or more. Focus on Francis's statement and respond to that.

Answer 1

Though the employers need not give any reason for the termination of at will employees, they need to do it if any discriminatory reason is being derived from the termination. While it is true that the present crisis situation the employers have no other choice than termination of employees, the current scenario might not be a best example of it. Bob was fired without being given any reason but the other employees who were terminated also has same situations as Bob like same race and age . This might be a clear evidence to prove that the employer terminated Bob with discrimination and hence Bob can claim. At will employment gives an employer right to terminate an employee without giving any reason until and unless they can prove that there is no discrimination shown . But as the case has circumstances that show discrimination , even in the time of crisis it is an offense and hence Bob can claim.