QUESTION

I feel that I was wrongfully terminated in work, what can I do?

Asked on Oct 18th, 2012 on Labor and Employment - Oregon
More details to this question:
I was fired out of spite. Shift leader is a rude 20-year-old boy. Iโ€™m 44 and work very hard. Was fired because he could and told later it was poor performance.
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5 ANSWERS

Workers Compensation Attorney serving San Bernardino, CA at Nancy Wallace, Attorney at Law
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If there was poor performance, a representative will be forced to prove it at an Unemployment Hearing when you apply for Unemployment Insurance... and they likely won't be able to prove it because it wasn't document in writing, so they'll end up paying back the State for your UI checks.
Answered on Oct 23rd, 2012 at 7:58 AM

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Theodore M. Roe
Unless you were under an employment contract or were terminated for a discriminatory reason, i.e., gender, race, etc., you are an at will employee and can be terminated at any time.
Answered on Oct 23rd, 2012 at 7:21 AM

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Ga is an EMPLOYMENT AT WILL state. They may fire you any time, for any reason, and you have no recourse, except: 1) If it was because of age, sex, national origin, religion, race, or handicap, you may sue under the EEOC laws, but the burden of proof is on you to prove that the discrimination is based on one of these categories. Not all discrimination is illegal, just the ones stated 2) File a claim for unemployment benefits. If it the employer believes it is poor performance, they may discharge, even if they are wrong.
Answered on Oct 19th, 2012 at 9:32 PM

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In California, you are an at will employee. You can be fired for any reason or no reason, but not an illegal reason. If you were fired because you are over 40, that is age discrimination. If you were fired because the new shift leader just doesn't like you, then there is nothing you can do.
Answered on Oct 19th, 2012 at 2:15 PM

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Kevin Elliott Parks
Employers can fire employees for almost any reason, or no reason at all, so long as it's not an illegal reason, such as discrimination, retaliation or the like. From what you've described, it's not clear that you have a viable wrongful termination claim, but it's also not clear that you don't. You should seek out a plaintiff's employment lawyer in your area for a consultation.
Answered on Oct 19th, 2012 at 2:12 PM

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