Can you be fired for not following company rules and/or guidelines when no such rules/guidelinesnwere provided?

I was told I was fired because "you do not fit in here" after a year and two months of employment. However after filing for unemployment benefits, the employer came back with I did not follow company rules and guidelines. However, no company rules/guidelines, policies or procedures, attendance policies, Employee handbook, Insubordination, Internet policy were ever provided, even when requested. Also, stated that I never performed the job duties I was hired to do, when I was verbally told on two separate occasions how well I had learned my job, the systems and programs and how my fellow co-workers praised my work; and how I now knew the systems better than the ceo, stated by the ceo. I also have in an email train from the ceo that my job performance was good, then marginal to unacceptable

Gainesville, GA -

Attorney Answers (2)

Merck K. Smith

Merck K. Smith

Corporate / Incorporation Lawyer - Decatur, GA
Answered

The answer to your question depends on a number of factors. First, did you have a written employment agreement. Second where you given any formal reviews of job performance. Third, were you ever supplied a writen discription of for your job.
However, from the information you have provided, it appears that the employer is trying to avoid your unempolyment claim and unless he can provide documentation to support his claims you have a good case.
I would be glad to discuss this with you in more detail if you would like to give me a call 404-474-8480.

Dean Richard Fuchs

Dean Richard Fuchs

Employment / Labor Attorney - Atlanta, GA
Answered

Yes, you can be fired for "not fitting in," (unless "not fitting in" means you are being fired because of your race, sex, age, religion, national origin or disability). It is not at all surprising that employer told GDOL that you did not follow company rules, since they want to avoid paying you unemployment insurance benefits, and that's the best way to avoid having to pay them. It sounds like you should get unemployment benefits, but the company still has the right to separate your employment.

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