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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19135
Experience:  Employment/Labor Law Litigation
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I was terminated from my job and told I would receive severance

Customer Question

i was terminated from my job and told I would receive severance and my insurance would be paid, but 2 weeks later was told none of that would happen because someone within the company claimed sexual harassment against me. no charges were ever filed and nothing ever came about from it.there was no investigation internally within the company
was I wronfully terminated and do I have any legal action that I could take
Submitted: 2 years ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 2 years ago.
Hello, my name is ***** ***** I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.
Did you sign any sort of contract that you can point to showing the right to the severance?
Previously, had you signed a contract of employment stating that your employment could only be terminated for cause?
Do you have any reason to believe that your termination here was based on race, religion, gender, age, disability or recent FMLA use?
Customer: replied 2 years ago.
I was a manager in a restaurant
no contracts were signed
Customer: replied 2 years ago.
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Expert:  Allen M., Esq. replied 2 years ago.
Ok. The problem here is that severance is not legally required in any state when a person is terminated. The only way a person is entitled to severance is when there is a contract signed giving that person a right to it.
Now, severance can be negotiated for by an employer, typically when they wish to release someone and want it to be a clean break. That being said, this is an employer's choice and is not legally compelled.
Because you did not have a contract of employment your employer could legally terminate you at any time, with or without cause. This is called "at will" employment. So, the employer doesn't legally need a viable or accurate basis to terminate. The fact that there was not a formal investigation doesn't make this wrongful or illegal termination.
The only way you have a wrongful termination claim is if:
1. You had an employment contract requiring good cause for termination.
2. You can allege that the basis for your termination was discrimination due to your race, religion, gender, age, disability or recent FMLA use.
You haven't alleged any discrimination and you stated you don't have a contract, so you don't legally have a basis for wrongful termination.
You also stated you don't have a contract for severance, so you legally don't have a basis for that either.

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