What can we do if my husband was wrongfully terminated?

Question

I needed help to see if we could do anything about my husband being fired without a write up. He had worked at the company for 18 years. How my husband went to work on February 10, 2014 and was terminated and was not given any of his personal files and had to beg HR for copy of notice. I was wondering if you do a free consultation to see if we have a leg to stand on. After 18 years of service and no notice then boom job gone. I just don't see how that is right. Thank you for your help if you can.

Nathan Wagner · Answer

You should certainly talk to a local lawyer who specializes in wrongful termination cases. Many such law offices, including this one, offer free or low-cost consultations.

Richard Baker · Answer

Tennessee observes the "at-will" doctrine concerning the employment relationship. This means you are employed at-will, at your will to go to work and the employers will to have you and you can be terminated for good cause, bad cause or no cause, and you can quit for the same reasons, with certain exceptions including but not limited to a written agreement, other laws which apply (EEOC, discrimination laws based on age, gender, religion etc., FMLA, ADA etc.) or the employer asks you to do something illegal, or for making a workers compensation claim.

Scott Behren · Answer

If you believe he was fired based upon age or some other protected category (race, religion, whistle-blowing, etc)  then maybe you have a claim.

William Sanders · Answer

I see nothing illegal in the facts stated. In GA, employer may discharge one for just about any reason.  For more info, Google this: Georgia, employment at will

Andrea Morelos · Answer

Unfortunately we would need to know a little more about what type of company it is, what type of position he had, and some other inquiry but generally speaking NC is an "at-will employment" state. So while it may not be nice or fair to suddenly be terminated after so many years and apparently no wrong doing by the employee, the laws unfortunately give employers significant discretion and leeway on making such business decisions. It is a VERY uphill and expensive battle to fight a termination with little egregious facts to go on, but it could be worth a consult yes. As for a free one, that is really hard to come by these days for all the above reasons so you just have to shop around for a decently priced one and hopefully one that is not very short (a good 1-2 hours).

Richard Rice · Answer

Immediately contact an attorney.

Alena Shautsova · Answer

Unless there was a contract or your husband was fired due to discrimination or retaliation, there is not much you can do. Also, was he a member of the Union? What job did he have? You need to consult with an attorney, as there is not enough information here.

Russell J. Thomas · Answer

Was his age a factor? If so, that is against the law.

Mark T. Peters · Answer

It is only wrongful if the termination was because he was a member of a protected class, e.g. race, national origin, or in violation of public policy, e.g. to prevent him vesting in a retirement plan.  He should be entitled to a copy of his personnel file.  However, as an attorney who asks embarrassing questions, is it possible that there was cause for the termination and your husband doesn't want to tell you why? As for free consultations, you need to call your local bar association and get a referral.  Each state's laws are different and you need a local attorney.

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What can we do if my husband was wrongfully terminated?

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