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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Was terminated from my job for "violating no smoking"

Customer Question

Was terminated from my job for "violating no smoking " policy. Was told pictures were taken...haven't seen any pictures. Have been told pictures were sent up corporate ladder then deleted. Asked next person in line, response was, " I saw picture but don't know who took it or has it ". What are my options , if any ????
Submitted: 1 year ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of employment law experience. It is a pleasure to assist you today.

Unfortunately, there is not a lot that can be done under the circumstances unless you are not employed at will. Employed at will is what most employees are in America. In that circumstance, you can be terminated for any reason, or no reason at all. The only exceptions are that you cannot be terminated based on discrimination and you cannot be terminated if it would violate your company policy or public policy (fired for reporting illegal activity).

If the employer fired you and violated their own policy (for instance, did not afford you rights that are listed in the employee handbook for a hearing), then you may have recourse to sue them for wrongful termination. If you think they actually fired you because of your race, age, gender or handicap, then you can file a complaint with the EEOC. The EEOC can look into the matter and if they find merit, allow you to sue in federal court for discrimination.

That said, if this is as simple as they claim you breached policy and they have not breached their own policy in terminating you, then there is really no recourse for you under the circumstances.

Let me know if you have any other questions or comments.

Please also rate my answer positively (three or more stars) so I can receive credit for my work.

Best!