Wrongful Termination Legal Questions

Retaliation for complaining about Sexual Harassment is itself a violation of the law, if the employer you work for has 15 or more employees.  Withing 180 days of the date you were let go, you should contact the EEOC or the Texas Workforce Commission - Civil Rights Division and file a complaint.  They may or may not provide you the relief you seek.  If not, you will have to seek a private attorney.  But that attorney cannot do anything for you in the court system, until after you file such a complaint.... Read More

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.   So, yes, you can be fired for reporting the general manager.  You would have a claim for wrongful firing only if your report was a "protected activity" as noted above i.e. there is a specific law that protected your right to complain.  ... Read More

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.By itself, there is nothing unlawful about firing you due to a background check whether the background check has changed or not.... Read More

No.  North Carolina is an employment-at-will state where an employee can be fired for any reason.  The only time you can file a legal claim is if you can show that the employer's reason for terminating you was unlawful.  The only unlawful motives in North Carolina are unlawful discrimination or unlawful retaliation. Neither of those motives appear in these facts.... Read More

This is a very tough situation.  In general, if you are an FMLA covered employee, working for an FMLA covered employer, you are eligible for upto 12 weeks of leave for your own serious health condition or the serious health condition of an immediate family member. However, once you run out of FMLA (the 12 weeks) then you can be terminated.  So, at base, it looks like you are out of FMLA which means the employer could lawfully terminate you.  If that is the case, there probably is no legal claim for your termination.  There is small chance that if the company misled you about your FMLA leave, then you might have a claim.  Honestly, I think that is a stretch, but if you want to follow up on that you should consult with an experienced employment attorney to discuss your situation in depth and to give them any paperwork you received from the employer regarding your employment. I am sorry this happened.... Read More

Probably nothing.  The legal standard for proving you are eligible for unemployment is completely different than the legal standard for a wrongful firing lawsuit.  Additionally, there is a law in North Carolina that states nothing offered in an unemployment appeals hearing, including testimoney, can be used in any other proceeding. So, if you were able to sue for wrongful firing, you would not be able to use what was said at the unemployment hearing. North Carolina is an employment-at-will state in which you can be terminated for good reason, bad reason or no reason at all.  Our courts hold that an allegation of sexual harassment is a good reason to fire someone even if the allegation proves to be untrue.  You can only file a wrongful firing lawsuit if you can show that unlawful discrimiantion or unlaawful retaliation was the reason for the firing.  I see neither in the facts you provide.  However, the only way to be sure is having a consultation with an experienced employment attorney.... Read More

Dear Anonymous,   The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of mental and/or physical disability.  The ADA also imposes an obligation upon employers to provide reasonable accommodations to disabled employees in need of assistance in doing the essential functions of their job.  If you requested a reasonable accommodation based on a recognized disability, then your employer is required to engage in an "interactive process," to explore the possibility of an accommodation being available.  I would recommend that you contact the Equal Employment Opportunity Commission to discuss your case and file a Charge of Discrimination.  Here is a link to some additional information regarding disability discrimination. If you have any questions, please feel free to contact me for a free case evaluation.   Chip  ... Read More

We would need more information to be able to respond to your question. However, Louisiana, it is an "at will" employment state, which means they can fire you for any reason or no reason.  However, they cannot fire you for a disability.  While your infection does not sound like a disability, I would need more information.   Best wishes, Julie Quinn ... Read More