Wrongful Termination Legal Questions

If you were an employee 'for hire', with no contract, unless there was an employee manual or policy on this topic that provided for a review, or you have a good faith basis for alleging the termination was due to a violation of a constitutional protection, then you likely have no recourse. Gerry Wendrovsky, Esq.- Upper West Side Employment Lawyer www.upperwestsidelawyer.com  ... Read More

If your company has a human resources department, you need to contact them first. Explain your medical condition and request to have accomodations that will allow you to improve your performance at work. From there, be sure to document all of your interactions with your manager, particularly the one who gave you a poor review. Do your best at work, but it would be in your benefit to let your employer know about your condition and need for accomodations so that they may be less likely to terminate you. ... Read More

In Texas, employees can be terminated for any reason or no reason - but may not be terminated for illegal reasons. Illegal reasons include race, sex, age, national origin, color, religion, disability, complaining about any of the above, filing a workers compensation claim, refusing to commit a crime or in violation of a contract. If the real reason for the termination does not fit into any of these catagories, then the employer may legally fire an employee for that reason.  In sum, a mistaken reason is not an illegal reason and the employer does not break the law because his facts are wrong.  ... Read More

Law  Office of Codi M. Dada Novato Ca. 94945 dadalaw@comcast.net Under California Law there are many laws that protect workers from being treated negativley do to serving in the military or leaving for military services.  Also, there are laws that prevent companies from discriminating against you because of work related injury or the need to take time off because of the birth of a child. I can help you determine if the conduct of your employer was unlawful,  I can help you determine your options.  I would like to assist you.  I need more information.  If you like I invite you to contact me.  Best Regards Codi M. Dada, Attorney at Law ... Read More

The short answer is probably if you want to keep your job.  In Massachusetts, in the absence of an employment contract, you are an employee at will.  You may be let go at anytime without cause, as long as your termination it is not discriminatory in nature.   This sounds like there is an issue that management is trying to resolve.  If you fail to comply with their recommendations, they may fire you and you'll be without legal recourse. Good luck.... Read More

Unfortunately, whether the 'employer' terminated you without cause will not be helpful- unless you had a contract of employment, then your employment was 'at will', and you could be terminated for any reason, unless it violated a constitutionally protected classification. That a younger person of another gender is getting the job may not prove that the termination was based on age/gender discrimination. Gerry Wendrovsky, Esq.- Upper West Side Employment Lawyer www.upperwestsidelawyer.com... Read More

You are only entitled to job protection for medical leave under the FMLA which only provides 12 weeks of leave.  Once you have gone over 12 weeks of FMLA leave, the employer may lawfully terminate you. The only claim if you are over 12 weeks would be if the employer did not provide you with the appropriate notice about your FMLA.... Read More

Employees in Nevada are presumed to be at-will, which means that 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 the Nevada Supreme Court has recognized certain limited exceptions to the at-will employment doctrine, including an exception based on “the public policy of this state favor[ing] safe employment practices and the protection of the health and safety of workers on the job”. D'Angelo v. Gardner, 107 Nev. 704, 719, 819 P.2d 206, 216 (1991).  Like D'Angelo, to the extent that you refused to take an unsafe assignment, you may be protected from termination. ... Read More

From the limited details you provide, It appears that your employment relationship with your employer is an "employment at will". In Massachusetts, employment at will may be terminated by either the employee or the employer (with notice equalling the duration of one pay period) for good reason, bad reason, or no reason at all. Absent any discrimination based on age, gender, sexual orientation, national origin, race etc.. that seem not to apply here, an employer can terminate an employee (with notice) for any reason or no reason.... Read More

In Texas, employees may be fired (or demoted or transferred or assigned different hours or job duties) for any reason or no reason, except unlawful reasons (eg, age, sex, race, religion, disability, filing a workers compensation claim, refusing to commit a criminal act).  "Any reason" includes unfair reasons (I want my son-in-law to have your job.); Untrue or mistaken reasons (I think you have been stealing money from the Company); and arbitrary reasons ("I don't like the color of your shoes or I hate New York Yankees fans").  If the Lady Owner "just doesn't like you", that's enough reason to fire you.  Some less sophisticated employers don't understand the above and they think they have to have a reason to fire an employee (particularly if they plan to try to avoid paying unemployment).  So they try to get the employee to quit by making the employee's life unpleasant or by making up false accusations or false criticisms of the employee's work.  None of that is, by itself, illegal. You mention discrimination.  Discrimination and harassment are treated equally in the law.  Anytime an employer treats one employee differently from another, that is discrimination.  However, not all discrimination is illegal.  If the employer promotes Texas Rangers fans and demotes New York Yankees fans, he is discriminating, but not illegally.  If he gives his golf buddies a raise but does not do so for other employees, he is discriminating, but not illegally.  If, in the private employment context he screams at, harasses, and makes life hell for Republicans but is polite to Democrats that is OK.    But if he promotes the men and not the women or harasses the Methodists but not the Baptists, that is illegal discrimination/harassment. Now, with the above in mind, I put the question to you.  Why is she making your job hard, discriminating against you and harassing you?... Read More

The Age Discrimination in Employment Act protects employees over the age of 40 from be discriminated against or treated unfairly. From your short synopsis, you may have been treated unfairly and wrongfully terminated but it would depend on the circumstances of your employment. What were your write ups for? Were you written up for things other younger employees were not? Has your position been filled by a younger employee under the age of 40? What was said at your termination? The test is but for your age, you would not have been terminated, so it is a high standard. Please give my firm a call to discuss - 6149491181. Matthew J.P. Coffman... Read More

Letting your employer fire you, as opposed to voluntarily resigning, better protects your rights to later assert a wrongful termination claim and to obtain unemployment benefits.  If you resign, you may be disqualified for unemployment and, if you later assert a wrongful termination claim, you will be faced with the additional burden of proving that either you would have been fired anyway or in certain types of harassment claims, that no reasonable person would have remained in that position.... Read More

The short answer to your question is "Yes" unless you have some reason to believe that the "sales quota" issue is not the real reason you were fired.  Texas is an at-will employment state.  Thus it is OK for an employer to treat two similar employees differently unless the reason for the different treatment is something like race, sex, age, color, national origin, disability or religion.  Otherwise, the law does not require an employer to be fair. Good luck.  ... Read More

It depends.  You use the word "due".  If an employee has done all that was required, usually pursuant to a policy, prior practice or a contract, to be entitled to receive the bonus, then the employer may owe that bonus even if the employee was fired.  On the other hand if the bonus was a discretionary bonus, then the employer is under no obligation to pay it or to keep employees around to receive it.  In sum, the "it depends" turns on whether you have a written or otherwise provable right to the bonus.  Given the size of this claim, it may be worth your while to buy an hour or two of an attorney's time and provide him or her with any documents or a description of any past practices regarding similar bonuses.  In order to get the most bang for your attorney dollar, seek out an attorney who is Board Certified in Labor and Employment Law that represents employees.  The yellow pages of a major metropolitan area should provide some listings of board certified attorneys.  Look them up on line before calling.  Good luck.... Read More