Wrongful Termination Legal Questions

Defamation claims usually have a short statute of limitations -- I don't know it for WV but in Pennsylvanis its one year.  I don't really see any case here for you -- sorry.  Reading between the lines, I think you're leaving out some important facts -- like your test result wasn't what you hoped.... Read Answer

I'm sorry that you lost your position.  That's always a tough situation.  Unfortunately the answer is probably "no".  pennsylvania is an employment at will state.  You can be terminated for any reason or no reason at all.  There are limited exceptions of course but the facts that you present don't put you into an exception.  You should be eligible for unemployment compensation benefits.... Read Answer

You may have a claim for sex discrimination if you were fired because of your sexual orientation.  You may also have a claim if you were bullied (harassed) due to your sexual orientation.  You should consult with an experienced attorney as soon as possible to discuss your options.... Read Answer

Wrongful or unlawful termination is a very limited claim in North Carolina.  I do not see anything, other than your opinion, that indicates the employer is acting unlawfully by terminating you. However, if you believe the termination is unlawful, then you should consult with an experienced employment attorney to discuss your options. You have a very short time period to move these forward.... Read Answer

I do not see a question, but the request that you provide return to work documentation is not, by itself a violation of the law.  It also is not a violation of the law that you were terminated due after you provided the documentation.  However, there could be a violation of the law depending on the reason for the termination.  You should consult with an experienced employment attorney to discuss further. Employers are not covered by HIPAA.  The entitites that are covered by HIPAA are: health care providers, health plans, health care clearinghouses.  Even if your employer might be one of these entities, it would not give you a legal claim related to your employment.  You can find more information on this on the website of the U.S. Department of Heath and Human Services (hhs.gov)... Read Answer

Absolutely. You cannot be terminated in retaliation for filing or pursuing workers' compensation benefits. Contact our office for a FREE consultation. We handle workers' compensation retaliation cases regularly.   Ohio workers' compensation retaliation attorney www.mcoffmanlegal.com... Read Answer

If your son was terminated because he complained about an illegal condition that could be a public health or safety hazard, he may be able to sue for his job back under the Whistleblower Statute. If he is in a protected class - minority, over age 40, different religion or nationality than everyone else on the job, etc. - he may have an action for illegal termination due to discrimination. ... Read Answer

North Carolina is an employment-at-will state where you can be terminated at any time for any reason.  You can only file a wrongful termination lawsuit where you show that the employer was motivated by unlawful discrimination or unlawful retaliation.  I suggest you set a consultation with an experienced employment attorney as soon as possible.... Read Answer

This is truly a shocking situation.  I'm sorry that you had to endure that.  I don't know that you have a claim here -- or at least one that is economically worth pursuing.  Truthfully you probably should have some supplies with you just in case.  IN addition, although I can see you being rightfully upset with this, I'm not certain that this incident would render someone disabled.  You might file a complaint with your local health department?  If you quit, I think you'd have a reasonble claim for unemployment.  Long and short -- if you're a good server, I have to think you could find a job with a nicer employer.  That's probably the best bet here.... Read Answer

Unfortunately these questions are too specific and complex for us to respond to in this forum.  We can give you general guidance, but answer to these specific questions would need to be address in a consultation with an attorney.  Having said that, North Carolina is an employment-at-will state where you can be fired for any reason whether it is fair or not.  So, if you were fired because you violated HIPPA as a result of not being trained correctly, then it is certainly unfair, but not unlawful.  As to unemployment, the employer would need to show that you engaged in misconduct to get the DES to deny your claim. ... Read Answer

I'm not sure what your questions is.  Sorting through this I see you filed with eeoc and I recommend you have counsel as the eeoc will not negotiate on your behalf.  While they in very rare instances find cause the employer still may not offer anything    i woild also also look into any fmla issues    feel free to contact me if you have any questions for a fee consult         ... Read Answer