Wrongful Termination Legal Questions

If the employer was aware of your condition, there may be a violation of the Americans With Disabilities Act.  If not, there is likely no legal claim for wrongful firing. Additionally, if you were employed in Texas for a non-Tennessee employer, you will probably need to get an attorney in Texas to fiel such a claim.... Read More

North Carolina is an employment-at-will state where an employee can be fired at any time for any reason.  You can be fired for a good reason, a bad reason or no reason at all. You can only file a wrongful firing claim when you can show the termination was motivated by an unlawful reason.  There are only two unlawful reasons in this state: unlawful discrimination or unlawful retaliation. Discrimination is unlawful only if it is based on things such as race, sex, disability etc. Retaliation is unlawful only if it is based on the employee engaging a protected activity such as filing for workers comp, using FMLA, complaining about unlawful discrimination etc.  I see neither of these in your post, but if you believe either motivated your termination, you should set a consultation with an experienced employment attorney.... Read More

This certainly sounds unfair.  However, there appears to be no legal claim here.  Employees of cities and towns in North Carolina are employed at-will which means they can be terminated (or disciplined) at any time for good reason, bad reason or no reason at all.  You could only sue the City if you can show there is some unlawful motive behind the termination.  You may want to discuss this with an experienced employment attorney if there are more facts that you believe are relevant.... Read More

Being let go and your work injury appear to be unrelated here.  There's a 3 year time period w/in which you must file a claim for a work injury.  Your timeframe may put you out of time.   However the details matter.  You should contact a workers compensation attorney local to you and discuss the details to see what your options are.... Read More

There are no easy wrongful termination claims including claims based on disability.  At base, you must show that you were terminated (or not hired) due to your disability.  That is a difficult task in the best of circumstances.  The best thing for you to do is to get a consultation with an experienced employment attorney to fully discuss.... Read More

Yes. Your employer should accommodate your request. Your employer has an obligation to provide reasonable accommodations. One day off once per year is likely a reasonable accommodation. Contact our office if you would like to speak with us further. We provide free consultations and take most cases on a contingency fee.   Ohio religious discrimination lawyer http://mcoffmanlegal.com/practice-areas/discrimination/religious-discrimination/... Read More

Not based on these facts although more information could change the analysis.  In general, employers in North Carolina are not required to allow employees time off for any purpose. However, if the absence from work is due to a serious healt condition, the employee may be protected from termination if the employer is covered by FMLA and the employee is a covered employer.... Read More

I cannot answer the union question as that is labor law. You need to find out from your union or, if you are not happy with the union answer or do not trust the union, see if you can find a labor lawyer.  Those lawyers are hard to find these days.  However, the employment law answer is clear.  This is not a violation of any employment law and nothing would legally prohibit the employer from demanding that you stay over or prohibit her from making you stand up to give a speech.... Read More

First, you have a worker's compensation case and should speak with an attorney for that matter asap.  Second, to determine if you have a claim for the termination will require more facts.  Unless you are employed under certain terms (contract), Indiana is an employee-at-will state.  You can be terminated for any reason as long as it was not solely discriminatory (i.e. age, race, gender, disability).  ... Read More

Not sure what the question is.  If you were awarded unemployment benefits, how is this a loss?  Do you mean the employer appealed, and the award was reversed? The employment security law (the law covering unemployment) in North Carolina provides employees with compensation when the employee has been terminated, but not for misconduct.  However, being awarded unemployment benefits has nothing to do with whether you have any employment claim against the employer because the employment law is completely separate from the employment security law.... Read More

No, this is not wrongful termination.  The law only allows you to file a legal claim for wrongful termination if you can show that the termination was motivated by unlawful discrimination or unlawful retaliation.  Discrimination is unlawful if it is based on race, color, sex, national origin, religion, disability, age 40 or older or genetic information (such as a DNA test).  Retaliation is unlawful if it is based on the employee engaging in a protected activity (workers compensation claim, FMLA usage, etc.).  There is no wrongful termination claim based on the manager lying about the reason you were fired.... Read More

You need to contact an employment attorney who handles wage and hour issues. Our firm handles these issues, offers free consultations, and works on a contingency fee in most cases.    Ohio unpaid wages attorney http://mcoffmanlegal.com/practice-areas/wages-and-overtime/unpaid-wages/... Read More