Wrongful Termination Legal Questions

I believe i answered this question before. however, the answer is dependent upon the circumstances. for example, if you work in securuity, you cannot take pictures of the client. if you work in a hospital, you cannot take pictures of the patients. What were the circumstances. ? ed dimon 732-797-1600... Read More

It depends on what is the basis for the law suit.  Tennessee 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. Generally, discrimination claims must be filed within 300 days of the termination.  Some claims such as FMLA violations, certain wage claims, and certain racial discrimination claims have longer time limits.  You really need to speak to a Tennessee employment attorney who can help you figure it out. ... 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. If you can be fired for any reason, then the employer can do anything short of firing to you for any reason.  Additionally, if the employment is at-will, the employer is not required to follow policy (protocol) and is not required to investigate at all. 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. l recommend filing for unemployment benefits and that you start looking for a job as soon as possible. ... Read More

I'm sorry to hear what happened. Do you believe you may have been treated differently than other younger coworkers because of your age? Or, do you think the accident was the real reason for your termination? In general, employers won't expressly state if they have an unlawful motive for an employee's termination. Feel free to give my office a call for a free consultation. We represent employees throughout Ohio in employment cases.   Ohio employment attorney www.mcoffmanlegal.com... Read More

Yes, absolutely you can be fired. 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. Now, he should owe you for any work you have done.  Additionally, you should file for unemployment and challenge his lie that you quit. ... Read More

If your friend worked for his employer for more than a year and worked full-time, he was entitled to family medical leave.  If he used fmla while he was hospitalized, he was entitled to be returned to his job and his employer was prohibited from retaliating against him. He also may have a claim for disability discrimination.  If the employer was treating him differently because of his mental illness, he could bring a claim, starting with an EEOC charge. As for unemployment, if he can prove that he was given an ultimatum to quit or be fired, this is called a forced resignation.  If the employer did not have just cause for his discharge, then he should be able to get unemployment.  Even if it is initially denied, he can appeal.  It is VERY important not to miss the appeal deadlines.  After two administrative appeals, he will get a hearing before a hearing officer.  Given the facts in this case, I would recommend talking to an attorney about representing him at the hearing. Finally, did he sign anything waving his right to sue the employer?  ... Read More

You should speak with an employment attorney. Your termination may violate the FMLA or ADA, but an employment attorney will only be able to advise you after a more thorough discussion. Feel free to contact my office for a free consultation. We represent employees throughout Ohio.   Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read More

You may be able to file for unemployment benefits or to file some type of internal appeal.  However, North Carolina in an employment-at-will state and you can be fired for any reason.  You can file a legal claim only if your employer was motivated by unlawful discrimination or unlawful retaliation.  I see neither in these facts. ... Read More

Contact an employment attorney to discuss this further. If you had a regular cold, there is probably nothing you can do. However, if you have a disability and you missed work because of that disability, then you may have a legal claim. Many attorneys offer free consultations.   Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read More

Yes, you can be fired for any reason.  If the reason was unlawful, you may be able to file a claim.  For example, if you were fired for getting workers compensation medical treatment.  Or, if the other employee was not fired, and s/he was of a different race, color, sex, etc. ... Read More

You may be fired for any reason or no reason as long as it is not a reason that violates a law. There is no law against firing employees of the former owner when a new franchise owner takes over. However, if you were fired because of discrimination based on your age, race, gender, disability, religion, etc., or for another unlawful reason then you may have a legal claim and you should contact an attorney.   Ohio employment lawyer www.mcoffmanlegal.com ... Read More

Ohio is an employment at-will state.  Therefore, unless you have a contract, your employer may terminate you for any reason, or no reason at all.   However, if your employer violates other laws in the process of terminating you, you may have legal recourse.  For example, if they terminate you because of your national origin, race or disability, then that is discrimination.  You can file an EEOC charge and/or pursue other legal action against them.... Read More

Dear Anonymous, The Age Discrimination in Employment Act ("ADEA") prohibits discrimination on the basis of age (over 40).  However, age discrimination cases can be difficult to prove because employers can often come up with a "legitimate business reason" for letting you go.  Your situation creates and interesting question because you were re-hired and then terminated a second time.  It sounds as though you were certainly discriminated against on the basis of your age the first time you were let go.  The fact that your job was not "eliminated" and you were replaced by someone much younger is proof of that discrimination.  However, without having additional information, it is difficult to say whether you were again discriminated against when you were terminated the second time.  In order to properly evaluate your legal rights, I would also need to review the "no lawsuit agreement" that you were required to sign.  It may or may not restrict your legal rights, but if your employment was contingent on signing such an agreement, I am suspicious of your employer's intentions.  If you would like to discuss your case in more detail, I am an age discrimination attorney, and would be happy to provide you with a free consultation.   Chip Clark... Read More

Indiana is an "at will" employment state, which means that your employer can fire you for any reason.  However, they can not fire you for a discriminatory reason, such as your race, color, national origin, gender, or age (over 40).  Employers will often give a non-discriminatory reason for termination, but they don't have to.  If you think that you were fired for a discriminatory reason, you should speak to an attorney that practices in the area of employment discrimination.  The Equal Employment Opportunity Commission (EEOC) enforces federal laws that prohibit discrimination.  The website for their Indianapolis office also contains some excellent information regarding an employee's rights, and can be found here.... Read More

You need to speak with an employment attorney immediately. What you have described may be a violation of the Americans with Disabilities Act. Feel free to call my office for a free consultation at 614-949-1181. We represent employees with disability discrimination cases throughout the State of Ohio.   Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read More

Employment-at-will means that you can be fired at any time for good reason, bad reason or no reason at all.  Your employer needs no legal grounds to fire you and is not required to provide you notice.  If you seeking to file a legal claim, then you must identify an unlawful motive for the termination, then be able to produce enough evidence to support that motive. ... Read More

Harassment is not unlawful unless it is based on race, color, sex, national origin, religion, disability or age 40 or older.  If she complained about harassment based on one of these factors, then it would be unlawful to retaliate against her.  If she did not, then retaliation would be lawful.  An employer is allowed to fire a pregnant employee.  The is a legal claim only if she was fired because she is pregnant.  She should appeal the decision to deny unemployment and retain an attorney to represent her.... Read More