Wrongful Termination Legal Questions

I'm not sure I understand what happened.  What was the basis for termination?  If they are arguing willful misconduct that is one standard.  If they are arguing absenteeism, that is another standard.  Even if you are denied unemployment initially, you can hire a lawyer to appeal it and possibly prevail. ... Read More

Not unless you can prove that the real reason for your termination was an unlawful one, such as discrimination. If you are being discriminated against because of your age, race, gender, disability, etc. you may have a case.    Ohio discrimination attorney www.mcoffmanlegal.com ... Read More

One of the most unpopular answers I give to potential clients is: "there is no law against bad management."  Ohio is an "at-will" employment state.  This means that an employer can terminate an employee with or without cause, and with or without notice.  Sometimes people are fired because someone in management made a bad decision and that's all there is to it.  Unfortunately, this fact, in and of itself, does not give rise to a legal claim. You haven't given me any facts about the people involved in this disagreement or why they were arguing.  It sounds like the DON decided to take the Manager's side, but I don't know why.  Did the DON favor the Manager because of race, national origin, religion, sex, age?  For example, if the Supervisor is African American and the Manager is White - is there a race issue? With more detail about the players, my answer could change.  ... Read More

It depends on why you were terminated, but if it was because of pregnancy discrimination, then you had 300 days to file a charge of discrimination. The time may have passed and you may be unable to proceed. You should contact an employment attorney who handles pregnancy discrimination cases immediately.   Ohio pregnancy discrimination attorney www.mcoffmanlegal.com ... Read More

Not on that basis. North Carolina is an employment-at-will state and employers are not legally required to follow their own policies regarding discipline. (Or any policy really.)  You can only file a legal claim if you show the motive for your termination was unlawful.  There are two types of unlawful motives: unlawful discrimination and unlawful retaliation.  I see neither in this post. Additionally, most of the federal laws that cover unlawful discrimination and retaliation require that a charge be filed with a federal agency within 180 days of the termination. You are well beyond that period.   If you still have questions, or believe there may have been an unlawful motive, you should consult with an experienced employment attorney.... Read More

FMLA guarantees covered employees up to 12 weeks of leave to deal with serious health conditions.  If the employee is not ready to return to work at the end of the 12 weeks, the employer can fire the employee.   If you work in North Carolina, you will only have the protection of the FMLA as North Carolina has no employee leave protections.  If you work in Virginia, there might be leave laws in that state that provide further protections.... Read More

You should apply for unemployment benefits and you may receive them. However, the brief facts you have provided do not provide a basis for suing your employer. As an at-will employee you can be terminated for any reason or no reason as long as you are not terminated for an unlawful reason.   Ohio wrongful termination lawyer www.mcoffmanlegal.com ... Read More

Feel free to call my office if you would like a free consultation. Terminations can be wrong or unfair, but the reason you were terminated cannot violate a law. No employer comes out and tells you that you were terminated for an unlawful reason so it will likely depend upon the circumstances. Contact an Ohio employment attorney.   Ohio employment lawyer www.mcoffmanlegal.com ... Read More

You would think the answer to this question would be simple.  In the most general sense, if the statute of limitations on your claim is two years (usual for an injury claim but unusual for a wrongful termination claim) the time line runs two years after the date the bad act happened, regardless of any intervening contact or settlement negotiations.  There are a number of possible exceptions to this, but they are fact specific.  To answer the question with a little more information, an attorney would need to know: 1) What kind of case is this?  Were you injured? Were you terminated? 2) If you were terminated, why did your employer tell you it was firing you, even if the reason was untrue?  What do you think the real reason for the termination was? 3) If you were terminated, did your employer tell you on the last day you worked or did it give you some kind of advanced notice of an upcoming termination? 4) If you were injured, did the employer have a workers compensation insurance policy? Let me know and I will attempt to give you a better answer.  But if you are sure that the limitations period is two years and sure that it runs in the very near future, you need to get something filed before that date, rather than holding out hope that there is some possible extension of it.  ... Read More

Unless you have an employment contract, then you are an at-will employee and you may be fired for any reason or no reason at all other than an unlawful reason. What happened to you is unfair and wrong, but not against the law unless there was an unlawful reason. You may want to discuss your termination with an employment attorney. You will more than likely receive unemployment benefits since you were terminated without just cause.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

You need to speak with a workers' compensation attorney and an employment attorney. If you were injured at work, you should file for workers' compensation benefits. If you were fired for being injured at work, you may have a claim for wrongful termination.   Ohio workers' compensation retaliation attorney www.mcoffmanlegal.com ... Read More

This would be a very difficult case to win. The record has evidence against you. You have at least two witnesses testify against you. Did you present your witnesses? What did your witnesses say question if I were you, I would not spend money onThe litigation. The company has a good defense. The company has written testimony supporting their position. You could sue the bully and the other person that part. However, the cost for the litigation would be expensive. You would need at least $10,000-$15,000 to support that Litigation. ... Read More

You are in a difficult position because all of the payments were under the table and there are no records. I am assuming there was no written contract.I am assuming that there are no written payroll records.is there a written lease? If there are no records and if there is no lease, how would you prove your case?The court needs proof. Please call if we can help.... Read More

Perhaps you are wrongfully terminated in the fairness or moral sense.  However, I see nothing in these facts that indicate your termination was unlawful.  That does not mean that there are not additional facts that would support a wrongful termination claim.  If you are concerned about this matter, I recommend that you speak to an experienced employment attorney.... Read More

Yes, you can be termianted at any time for any reason. You would only be able to file a legal claim if the time off from work was covered under the Family and Medical Leave Act (FMLA) or, in really rare circumstances, if the condition for which you needed the time off would be considered a disability under the Americans With Disabilities Act (ADA).... Read More