The fact you were overseas likely has nothing to do with the legalities. However, the laws of the country where you are working may come into play and make the employer's dismissal of you, under the circumstances and how it was done, illegal. Check with a lawyer that practices in that country. U.S. notions of due process only apply to employment termination situations if the employer was a governmental entity, i.e., you worked for the State of New York. Otherwise, you do not have a 'property' interest in your employment, so the employer taking it from you may be done without due process being followed. Check your written contracts carefully to see if the employer had agreed to only terminate you under certain circumstances and following certain procedures. That is often covered in a written contract of employment. If so, the employer might not have followed the procedures outlined in your employment contract. If the employer did not follow the contract provisions, then the employer has breached the agreement and you may have contract damages. However, that will likely be limited, as once you let the employer know, it can then reterminate you following the correct, contract procedure. If they claim timecard fraud (you being logged in when not working), then if they mention that to others, you may have a defamation lawsuit against the employer if you can prove that you did not do as they claimed and that the employer acted unreasonably on the information it had in arriving at that conclusion.
Answered on Nov 20th, 2012 at 4:05 PM