Wrongful Termination Legal Questions

Before you can find any attorney who might advise you whether in a State matter or Federal matter you have to provide a summary of facts that permits us to assess whether we have the requisite experience to help you. Many of us have handled federal employment cases...please provide a summary of the facts of your matter...Stephan Math Esq, smesq1@aol.com... Read More

 There is no legal right most likely in the situation as an employee at will to keep your job or to prevent an employer from terminating you simply because of absences unless they would have been covered under the family medical leave act. You should contact and employment lawyer and review the situation if you were employed in full-time capacity for at least a year and there are 50 or more  employees. If not then you may not have the right to any legal action other than unemployment   ... Read More

As a general rule, an employee can be terminated even though the employer does not follow the procedure set forth in the employee handbook. Tennessee has the employment a will doctrine which states that employment may be terminated at any time by the employer without cause. In order for the employee manual or handbook to constitute a "contract"  between employee and employer it must contain specific language showing the employer's intent to be bound by the handbook's provisions. In order to be considered part of an "employment contract", the language in employee manual or handbook must be phrased in binding terms, interpreted in the context of the entire handbook, and read in conjunction with any other relevant material, such as an employment application. Since very seldom is the employee manual considered to be an "employment contract", then the employer can choose to follow the termination procedure or not.       ... Read More

By itself, no.  North Carolina is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all and there is no legal claim you can bring.  You can bring a claim for wrongful firing if you can show there was an unlawful motive (not just unfair, or illogical, or unreasonable) behind the termination.  There are only two unlawful motives in North Carolina: unlawful discrimination (race, color, sex, age over 40 etc) or unlawful retaliation (fired because you engaged in an act the law says you have a legall protected right to engage in.)... Read More

Probably not.  Pennsylvania is an at-will employment state.  This means that, with the exception of a few circumstances, employers can terminate employees for any reason or no reason at all.  It seems unfair and often times it is.  I would say that you probably have a good case for unemployment benefits though, especially if your employer can't produce proof that you took the missing narcotics or violated the drug policy. ... Read More

No, not necessarily.  Pennyslvania is an employment at will state, meaning that in most instances employers can terminate employees for any reason or no reason at all.  They can even lie about the reason and sometimes do b/c they are trying to be kind or just don't have the intestinal fortitute to be up front with employees they let go about the reasons for the termination. ... Read More

Losing your job stinks no matter the circumstances.  Pennsylvania is an employment at will state, meaning that except for a limited set of circumstances, an employer can terminate you for any reason or no reason at all.  The reason cooked up by your employer may not seem fair but it doesn't give you a claim.  I'm sorry to tell you that. You should be eligible for unemployment benefits and should apply right away.... Read More

Yes. Tennessee is an employment-at-will state where you can be terminated for good reason, bad reason or no reason at all.  It is possible that your asthma might be a disability under the Americans With Disabilites Act.  If so, the employer would violate the law if it terminated you because of your asthma.  However, if the employer terminated for something else such as leaving the workplace during schedule hours, then there maybe no violation.  If you want to pursue this matter, schedule a consultation with an experienced attorney.... Read More

North Carolina is an employment-at-will state where an employer can fire an employee for good reason, bad reason or no reason at all.  Yes, you can be fired because another employee liked about you.  The only time you can bring a wrongful termination claim is when you can prove that you were really fired due to unlawful discrimination or unlawful retaliation. ... Read More

If the company policy you broke was to always spell and grammar check all of your correspondence before sending, I can't help you. There's no such word as "intergorated" (I guess you mean "interrogated"), and by "exceptions" I have to assume you mean "expectations".  If, however, you were fired for reasons unrelated to the above, and if you feel the reasons were a pretext for firing you because of your age, gender, race, religion, nationality or some other protected class, you may have been wrongfully terminated based on illegal discrimination. If you were reprimanded/written up for breaking a company policy, that policy must be in writing, and the right to see it. If you haven't done so, you should explore whether you're entitled to severance pay, and if so, make sure you get it.    ... Read More