Wrongful Termination Legal Questions

Sure. Unless you are shortening his notice for an unlawful reason. You could walk him out immediately if he doesn't have an employment contract (employees are overwhelmingly at will). You should speak with an attorney about stealing trade secret information from the retail store to start his own store. My firm does not handle this. I wish you the best of luck.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

Whether it is legal or not depends. Your job is only safe for the time protected under the FMLA. Your employer included additional time because it must have a policy allowing employees additional time for a medical leave of absence. If you only needed a finite amount of additional time off work (meaning you had a set date to return to work, then whether your employer should accommodate the additional leave falls under the reasonable accommodation analysis of the ADA). If you had no idea when you would return to work after your prolonged leave or the additional leave needed would be for a long time, then you may not have a claim. Contact an attorney to discuss further.   Ohio disability discrimination attorney www.mcoffmanlegal.com ... Read More

Employers are allowed to terminate an employee for any reason even if the reason is unfair. The employer needs no proof of anything as he could be terminated for good reason, bad reason or no reason at all.  He would only be able to file a legal claim if he could show the employer was motivated by unlawful discrimination (race, sex, age etc.) or unlawful retaliation (for engaging in a protected activity).  If he was injured on the job, and he was fired because he reported the injury he may have a claim for unlawful retaliation.... Read More

North Carolina is an employment-at-will state.  You can be fired for any reason; good reason, bad reason or no reason at all.  You can only sue the employer if you can show the motive for the termination was unlawful.  Generally, the only motives are unlawful discrimination (race, sex, age etc.) or unlawful retaliation (for engaging in a protected activity).  Although unfair, I see no unlawful motive here.  Additionally, the law covering unemployment benefits in no way relates to the law of wrongful termination.... Read More

Your employer has to make reasonable accommodations, but you have to be able to perform the essential functions of your job with reasonable accommodations. Perhaps time off is a reasonable accommodation or another accommodation could be made. I would consult with an employment attorney.    Ohio employment lawyer www.mcoffmanlegal.com ... Read More

The statement itself is not a violation of any law. However, that statement could be a very important piece of evidence to show that you terminated unlawful due to your sex.  If you were subject to disparate treatment, i.e. you were terminated under circumstances where a female would not have been, then you have a claim for wrongful discharge.... Read More

Not clear on your circumstances. If you are missing time away from work, whether tardy or missing whole days, then why would it not be covered by FMLA? In any case, in general, an employer can terminate you for any matter that is unrelated to the FMLA leave.  However, if the tardiness or absence is related to the condition for which you will use FMLA, then it should be covered as well.... Read More

Your termination sounds unfair and wrong, but the reason for your termination must violate a law for you to have a legal claim against your former employer. You should apply for unemployment because it does not sound like there was just cause.   Ohio employment lawyer www.mcoffmanlegal.com ... Read More

Presumably they are offering you a severance in exchange for your agreement to waive any claims you may have regarding your employment. I would have to review the agreement, but most likely the compensation you are receiving is in exchange for your release, so you probably don't have the right to the severance unless you sign the release. Thanks,Jon... Read More

You should accept unemployment. From the brief facts you stated you don't have a legal claim for a lawsuit. Wrongful termination is a little bit confusing because employees who were fired for a wrong/unfair reason think they can take legal action against their employer. Instead, employees must be terminated for a reason that violates the law. Not fitting in or not being a good fit are not unlawful reasons for terminating an employee. Unless, you were discriminated against because of your age, race, disability, religion, pregnancy, color, national origin, etc, or you were a whistleblower or you were retaliated against for doing something like filing for workers' compensation or opposing discrimination, then you likely don't have a legal claim.   Accept the unemployment benefits and find another job. If any of the things I said seem like they are applicable, then you should contact an employment attorney.   Ohio employment attorney www.mcoffmanlegal.com ... Read More

Harassment is unlawful only if it is based on race, color, sex, national origin, religion, disability or age 40 or older.  A complaint to HR is not protected unless the complaint is about unlawful conditions.  This means that unless you complained the "harassment" was on the basis of one of the seven factors about, the company can lawfully terminate you.... Read More

these cases are 'fact sensitive'. what are the requirements for your employment ? does your disability impact upon your ability to fulfill the job requirements ? if so, then the employer has no obligation to keep the position available. the example given in law school is a fireman who is required to carry 165 pounds down a ladder. if the disability does not allow the fireman to carry the 165 pounds, then this person cannot be a fireman. you need a medical report which states that you perform the specific job requirements [100%] with the disability. ed dimon, esq. 732-797-1600 ... Read More

the key to success is the basis for the discrimination. for example, one would be successful if the basis for the discrimination were race, religion or sexual preference. you cannot be demoted/fired because you are black or jewish or gay.  what was the basis for your discrimination ? did you file a formal written complaint stating that you were being discriminated against because if x ? you must put the employer on formal notice and give the employer the opportunity to remedy the wrong. what happened ? ed dimon, esq. 732-797-1600... Read More