Wrongful Termination Legal Questions

Send me an email to let me know where you live. It sounds like you have a good case and I know an attorney who specializes in employment law who can help you but I need for you to send me your email so I can foward it onto him so he can reach out to you.  If you feel uncomfortable in sending me your email, the attorne'ys name is Frank Steiner and he works in Nashville so you can feel free to reach out to him yourself.... Read More

North Carolina is an employment-at-will state and an employer can fire you for refusing to perform a job. If you feel that there is a workplace safety issue and that led to your termination, you can contact the NC Department of Labor at NCLABOR.com.  You can also file a wage complaint for your last check with them if the check is not recieved by the next payday on which it is due.... Read More

Be sure to apply for unemployment if you have not already. You may not have a remedy with the company, but you can certainly try to go through their internal grievance process if they will allow it. Otherwise, you would need an analysis to determine whether you have any claims under Title VII or other laws. Do you think you were treated differently than others in your company? ... Read More

Tennessee is what is called an employment at will state. Under the “employment at will” doctrine, both the employer and the employee are generally permitted, with certain exceptions, to terminate the employment relationship at any time for good cause, bad cause, or no cause. You can not fire the employee if it is based upon the employees race, sex, age, religious beliefs, national origin or as discrimination for the employee attempting to exercise a statutory or constitutional right, or for any other reason which violates a clear public policy which is evidenced by an unambiguous constitutional, statutory, or regulatory provision.... Read More

It is impossible to tell from these facts. In general, an employer in Tennessee can terminate you for any reason including a health related condition or missing work due to a health related condition.  However, if you need time away from work, and are eligible FMLA, then the employer must allow you up to 12 weeks of leave per 12 month period.  If you were FMLA eligble, and you were fired for absences that should be FMLA covered, you would have a claim.   Additionaly, there is another law, the Americans With Disabilities Act (and the Tennessee Human Rights Act), that prohibit discrimination on the basis of a disability and requires an employer to provide reasonable accomodation for employees who have disabilities.  One accomodation that is sometimes possible is time away from work even if the employee was not eligible for FMLA. These are complex laws and each situation is different so you really should consult with an experienced employment attorney.... Read More

North Carolina is an employment-at-will state which means you can be fired at any time for any reason. You can be fired for a good reason, a bad reason or no reason at all.  You can only sue for wrongful firing if you can show the firing was due to unlawful discrimination or unlawful retaliation.  This situation certainly seems unfair, but it does not appear to tbe due to either of the two unlawful motives listed above.  However, I encourage you to consult with an experienced emploment attorney if there is more to this story and/or if you feel that either of these two motives were behind the firing.... Read More

Very generally yes, employers can terminate employees, create new positions and assign duties among various positions.  There's something assumed in your question though -- were you wrongfully terminated?  Why do you think what happened was wrongful?  Pennsylvania is an employment at will state -- meaning your employer can generally fire you without cause.  There are certain situations where termination might be wrongful.  For example, if you have a contract and the termination violates the terms of the contract.  Or when the termination is the result of unlawful discrimination.  it would be helpful for you to provide more specifics about your situation. ... Read More

I'm glad you asked this question.  I hope others take time to read this answer. First, law firms are businesses not charitable organizations.  If you are truly poor, there are legal services agencies that can take your case, but their services are generally not available to the average working person.  Because law firms are in business, they must analyze each case they accept to determine whether or not they can make money on the matter or at least break even.  To the extent a lawyer chooses to take a case for free, on some reduced fee basis or on a contingent fee, he or she must also try to determine how much the case will cost him. In most wrongful termination cases, the client/employee has just lost his or her only or main source of income, therefor he or she is not typically in a position to pay an attorney by the hour and will need some kind of contingent fee (lawyer takes a percentage of any recovery).  Contingent fees are typically around 33% - 40%.  So if a lawyer is going to take a case on a contingent fee and going to recover his cost (a fully litigated case may cost up to $50,000 or more), the case would need to be worth approximately $150,000.00, unless the attorney has some reason to believe it will settle without a trial. The law does not favor the employee in these cases, making wrongful termination cases hard to win.  Under Texas law, unless an employee has a contract which limits the employer's discretion to fire the employee, the employee is "at-will" and may be fired for any reason or no reason but not an illegal reason (race, sex, age, religion, disability, for filing a workers' compensation claim, for refusing to commit a criminal act, etc.).  Except for avoiding a violation of law, employers have no obligation to provide warings, to give evaluations, to be fair, to even give an employee a reason for the termination.  If an employee is fired, he or she also has a duty to try to find another job.  If the employee does find another job, the income from the new job reduces the damages the employee can recover in any lawsuit over the firing from the earlier job. So the reason that experienced employment lawyers turn down most wrongful termination cases is because they are expensive,  are hard to win, the acutual damages may be low if the employee is able to find another job and because the employee usually needs the attorney to fund the case until there is a positive outcome.  Thus the case needs to be one with a likelihood of a positive outcome both in terms of liability and potential damages.  ... Read More

It depends, if the bullying and intimidation were such that you feared for your well being and/or safety you might be able to argue that the complaint was of an unsafe working condition and there are laws protecting you from retaliation for complaining about unsafe condiktions............Stephan Math Esq... Read More

This is an North Carolina 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. In any case, the fact that your boss was engaged in illegal activity really has no bearing on whether or not the employer is allowed to fire you.... Read More

I'm sorry to hear that you lost your job.  You should be eligible for unemployment compensation benefits but I don't think you have a claim for wrongful termination. In Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all -- or a stupid reason.  Do you have a contract?  You might have it reviewed by an attorney to see if you can fight the termination.... Read More

If provable, yes, probably on all counts....In California there is a labor code section on protecting union or collective activities not to mention Constitutional protections for the right of free association...there are also provisions for protecting employees from retaliation for complaining about unlawful acts.......i.e., wrongful termination.......and also for complaining about unsafe working conditions....as far as the layoff is concerned......how many employees who were similarly situated as you were laid off and was any reason given for the layoff? Also did company have policies re: Layoffs?.........Stephan Math Esq., smesq1@aol.com... Read More

In Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., age, gender and other discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all.   Even if the reasons given by your employer intially for your termination were totally wrong, they can still terminate you for no reason or a different reason.  I'm sorry that's surely not what you want to hear.... Read More

Yes.  Tennessee is an employment-at-will state.  You would only have a claim against the employer if there was an unlawful motive for the termination such as unlawful discrimination or unlawful retaliation.  The only possible claim, based on these short facts only, is if you were unavailable because Hours of Service regulations from the DOL.  If that is what happened or there are other pertinent facts, contact an experienced employment attorney as soon as possible. ... Read More

What is the connection between the Facebook post and your termination?  Why would your employer terminate you for a facebook post? Do you work with children?  In any event, in Pennsylvania an employee without a contract for a specific term of employment is deemed an at-will employee. Subject to certain exceptions (e.g., discrimination, violations of public policy), an at-will employee can be terminated for any reason or no reason at all -- or a stupid reason.  Do you have a contract?  You might have it reviewed by an attorney to see if you can fight the termination.  Do you think the termination is a "pre-text" for some type of discrimination that is prohibited under the law?  You should share those details with an attorney for a full evaluation of your possible claims.  ... Read More

You simply need a civil litigation attorney that has some experience dealing with the right of publicity or the missappropriation of an individual's likeness. I would start in this instance with a cease and desist letter to the websites that are illegally using your photos and if they don't comply the next step would be to file a lawsuit. Thanks,Jon... Read More

You may have an action for defamation..the issue of wrongful termination is a bit tricky only because in California you are presumed to be an at will employee and that means absent a violation of law by the employer in terminating you the employer could have terminated you with or without cause and with or without any stated reason. In order to evaluate the wrongful termination issue I would have to have more facts as to what it was you were accused of and what it was the so called witnesses had lied about.....furthermore, you should ascertain that these witnesses would be willing to come forward at this time and testify especially if they're still employed by this employer.........as far as statute of limitations is concerned there is in California a two year statute for personal injury.....in this case you would amongst other things be arguing injury to reputation, etc.....you do not say whether you have since been reemployed....if you have that will also affect damages which may be available..........Stephan Math Esq., smesq1@aol.com... Read More

Arkansas is an employment at will jurisdiction. That means that your employer can terminate your employment for no reason. You are only protected by contract, civil rights acts and, possibly, the tort cause of action known as outrage. The facts that you recite in your question do not suggest that you could successfully pursue your termination in Court.... Read More

The key to succeed is written documentation. You must tell your employer that you are prescribed certain medications and you must request a 'reasonable accommodation' based upon your doctor's report that you needed your medication and could perform the job requirements while using this medication. The key is notice and specificity in writing. Ed Dimon... Read More