Wrongful Termination Legal Questions

There are a multitude of issues which you have raised in your question. As far as keeping your job, Nevada is generally an at-will employment state where your employer can dismiss you for no reason at all, so long as it is not a prohibited reason. "Since employees in Nevada are presumed to be at-will, an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002)." While there are limited exceptions to the at-will employment doctrine, the Nevada Supreme Court has made clear that these exceptions are “severely limited to those rare and exceptional cases where the employer's conduct violates strong and compelling public policy.” Sands Regent v. Valgardson, 105 Nev. 436, 440, 777 P.2d 898, 900 (1989).  Therefore unless (a) you have a contract which specifies a different protocol for dismissal or (b) believe that the dismissal was pretextual for some other prohibited reason, you would not most likely have a claim against your employer.... Read More

Your employer has the right to control its workplace including implementing a "no recording" policy. Therefore, those statutes are irrelevant in the employment context.  If you were fired for violating a policy (i.e. no recording), then the employer will bear the burden of establishing sevaral matters.  Those matters including proving: 1. there was a policy prohibiting the conduct that you engaged in; 2. you were aware of the policy; and 3. you were aware you could be fired for violating the policy.... Read More

we have had good success negotiating on behalf of state and county and municipal employees because the rules of procedure are strict. we should be able to negotiate the change in the description of your resignation. this will clear the record for going forward. annemarie schreiber, esq, is my partner who does this work. ed dimon, esq. 732-797-1600... Read More

your immediate battle is with nj unemployment compensation whic is stating that you wrongfully received compensation for one year. we would need to know the basis for their claim. we could fight the claim on your behalf. the cost can be significant [$5000] if there has to be a formal hearing. at minimum, there would have to be an administrative review. the cost would be $3500. ed dimon, esq. 732-797-1600... Read More

yes. you can sue for unemployment compensation based upon the denial of compensation based upon wrongful termination. you would have the obligation to prove that you were wrongfully terminated. you would have to present the witnesses and evidence. the cost to bring an action is significant. the initial amount would be $7500.  the final cost could be $15,000.  ed dimon, esq.... Read More

In Ohio, you can be terminated for any reason or no reason at all, but you cannot be terminated for an illegal reason. Your employer does not have to write you up or warn you unless they have a policy that they would do so. If they treat you differently than other coworkers because of your age, race, sex, disability, etc you may have a case.... Read More

You would need to prove that you are being treated differently because on an illegal basis (because of your age, race, sex, disability, etc). In addition, you would have to be subject to an adverse employment decision which may or may not be present in these circumstances. Matthew JP Coffman... Read More

Virginia law makes it illegal to fire you for filing a worker’s compensation claim or intending to do so.  If you filed a worker’s compensation claim for this injury or told your employer that you were going to, and they fired you after that, please give us a call to schedule a consultation.In addition, if your company has more than 50 employees at the location where you work, you may be covered by the Family and Medical Leave Act.  Under that law, you would be entitled to 12 weeks of unpaid leave per year to address a serious medical condition, which might include your workplace injury, depending on its severity.  The company can’t discriminate against you based on the fact that you took FMLA leave.... Read More

In Texas, an employer may fire an employee with or without notice for any reason or no reason.  This is called At-Will employment.  The only exceptions to this rule are: 1) the employee has a contract with the employer; 2) the reason for termination has been prohibited by statute eg race, sex, age, national origin, color, religion, disability, age, retaliation for making an OSHA, EEOC, FLSA or Texas Workers' Comp report or claim; 3) the termination was caused by the employee's refusal to commit a criminal act.  There is no fairness requirement in this rule. Under the facts you have provided above, I predict that you will have difficulty finding an attorney to take this case on any fee basis.  However, before you decide to walk away from the issue, call your nearest big-city bar association. Most will have a lawyer referral service, where you can find an employment attorney who will consult with you for a very minimal fee (Tarrant County is $50.00, I think).  That person can tell you with some certainty whether or not you have a case.    ... Read More

Employees in Nevada are presumed to be at-will; thus an employer can dismiss an at-will employee with or without cause, so long as the dismissal does not offend this state's public policy. State of Nevada v. Dist. Ct. (Anzalone), 118 Nev. 140, 151, 42 P.3d 233, 240 (2002).  However terminating employees based upon race is not a permissible reason and is a violation of both Federal and Nevada State law.   Under NRS 613.330(1), it is an unlawful employment practice to discharge any individual because of his or her race, color, sex, religion, sexual orientation, age, disability or national origin.... Read More

Yes, you can file yourself.  The best way it to go to the website of the Federal Court in your area.  Each of the 3 Federal Courts in North Carolina have "pro se" filing packets on their websites that give you the forms that you need to create your own filings along with explanations.... Read More

To answer your question, therft/unauthorized taking of company property can be grounds for termination in Nevada as at-will state. An employer in at-will employment situation can terminate an employee for any number of reasons, or for no reason, so long as it is not a prohibited reason.  At-will employment can be modified by contract or collective bargaining, which are facts which are not part of your question. The second part of your question implicates a false imprisonment claim.  An actor is subject to liability to another for false imprisonment if: (1) he acts intending to confine the other or a third person within boundaries fixed by the actor; (2) his act directly or indirectly results in such a confinement of the other; and (3) the other is conscious of the confinement or is harmed by it.  Your question does not make clear if you were merely ordered to remain or if the door was locked from the outside and/or forceably kept closed pending investigation.... Read More

Not sure if I understand these two questions.  If you were previously represented by an attorney and that attorney died, the other attorneys in his firm would not have a conflict because he died.  However, there could be some other conflict.  You would need to contact the attorneys in this firm to see if there is a conflict. ... Read More

North Carolina is an employment-at-will state and you can be fired at any time for any reason.  You can file a legal claim for wrongful termination only is you can show that there was an unlawful reason for the termination.  Complaining about you boss, by itself, is not an unlawful reason.  However, if you were complaining about certain actions by your boss, then your complaint may have been protected activity. Some examples of protected complaints would include, but are not limited to: sexual harassment, unlawful discrimination, and wage and hour.... Read More

There is nothing legally wrong with the employer saying to you that you resigned.  Additionally, there is nothing legally wrong with the employer terminating your insurance once your employment has been terminated (whether by firing or resignation).  The really question is whether you were terminated for an unlawful reason.  You should set a consultation with an experienced employment attorney to discuss this matter if you believe it is something you wish to pursue.... Read More

You pose a very interesting case in which I would love to help you with.  Thank you for the well written question.  This issues deals with whether the employee breached the contract or whether the company violated public policy in terminating the employee.  It is true that provisions in a contract are legally enforceable.  Here, the provision appears to deal with the physical location of the employee.  If the provision was clearly and expressly stated in the contract it can be interpreted as a contingency to adequate performance.  If the physical location of the employee was what was "bargained for"  in exchange for payment, then there is a strong case that the employee breached the contract.  HOWEVER, this case and issue is interesting  because there is an equally competing  cause  supported by public policy.  There are certain laws that prohibit employers from terminating employees because of disability.  Also, retaliating against an employee because of medical leave or medical condition is prohibited both under state and federal law.  If I were representing the employer I would argue that, the employer is only required to make reasonable accommodations unless there is a legitimate and justifiable business necessity that relieves the employer of the duty to make accommodations.  Based on the face of the issue, I believe the employers strongest arguments would include: There was no discrimination because the decision to terminate was based on a breach of an express contingency to performance which because of business neccesity could not be altered to accommodate employee.   The decision to terminate does not appear to be based solely or in part on disability. Also, employer could argue there was not duty to accommodate because the employee could not perform his duties even if reasonable accommodations could be made.  These are just a couple of the possible arguments that could be made.  I invite you to contact me. I need to read the contract so I can provide you with a more detailed answer. I can help you.  dadalaw@comcast.net Codi M. Dada, Attorney at Law "Doing everything I can to make good things happen."... Read More