How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
9 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Questions on Termination Laws

An employee may bring a case of wrongful termination against their employer if the termination violates any of the following: one or more terms of the contract; policies outlined in the employee handbook or a statute provision of employment law. Naturally, cases will vary according to the terms of the contract and by jurisdiction. It is worth noting that in cases where there are no contracts between the employer and the employee, courts acknowledge the existence of a de facto contract by virtue of the employment relationship. If proven, a case of wrongful termination can lead to either reinstatement of the dismissed employee or monetary compensation for the wrongful dismissal. Below are similar situations addressed by Legal Experts.

As an African-American woman, I am definitely a victim of discrimination. I need assistance in regaining my job and also seeking restitution for discrimination, pain and suffering, defamation of character, loss of income, and anything else I might be entitled to.

If the employee handbook or any company policy dictates the circumstances under which an employee can be terminated versus an employment “at will” policy, you may have a claim for unlawful termination under breach of contract theory. Also, if you were not given adequate notice of your termination through communication of your unsatisfactory performance or any such reason, you may have a successful unemployment claim.

For a successful discrimination complaint followed by an unlawful termination suit which could involve reinstatement and back pay or front pay, you will have to establish beyond doubt that you were subjected to illegal discrimination which led to your termination.

Finally, what you see as defamatory may not fall within the legal definition of defamation. The defamation of character claim would prevail only if the employer has intentionally made a statement about you they know is false to a third party or a prospective employer that damages your employability or reputation. Any such damage would be covered as part of foreseeable damages in the discrimination case you file.

I was fired from my job in California without explanation for objecting to my boss making jokes about autistic children. I also stopped speaking to him. Do I have a case to recoup lost wages based on illegal discrimination in California?

At-will employment states like California allow employers to terminate employees for any or no reason at all. Such termination is not illegal. However, the federal law prohibits discrimination against employees based on their disabilities. Employers are also prohibited from retaliating or creating a hostile work environment for employees complaining about discrimination, including that based on disabilities.

However, in your particular case, you yourself are not disabled but have apparently been terminated for taking offense at remarks made against a protected class of people. You may contact California's Department of Fair Employment and Housing, which has been liberal with employment rights and see if they have the discretion to investigate your particular case.

I was forced to resign from my job or face immediate termination. Could my case fall under constructive dismissal/termination definition?

Constructive discharge is akin to an employer terminating an employee. It means that the employee resigned solely because the employer implemented or allowed an extraordinary change that made working conditions intolerable enough to compel any reasonable employee to resign. Such circumstances include and are not restricted to punitive transfer to a dangerous job, hostility, demotion, humiliation, or harassment. If the employer made such changes or allowed them to happen, these situations would establish a case for constructive discharge.

I was given involuntary termination after 13 years of service without any warning. Can I still apply for unemployment?

Unless the employer can show or establish that the involuntary termination was for reasons such as misconduct, violation of company policy, or insubordination, you would certainly have a claim for unemployment benefits. Unsatisfactory performance or lay-offs are generally not grounds for denying unemployment benefits. Once you file a claim, the Department of Labor will likely seek further information from your employer regarding your dismissal.

What happens if I don't sign my termination paper? I just up and left the office when they told me I was fired after 12 years.

At-will states allow for termination without warning. It is not illegal unless there is a contract in place or a company policy that dictates the terms for termination. Without any contract, the employer may terminate you at his/her discretion. However, you may not be terminated for any discriminatory reason as defined by law. In such a case, you may contact the EEOC and file a claim for illegal discrimination.

You may file for unemployment without the termination papers. Refusing to sign on the paper only means that you have rejected their offer of severance. While you may not get a good reference as a result of refusing to sign, you action has no adverse legal implications.

Unlawful termination can include terminating an employee for discriminatory reasons or not following the contract that outlines the termination procedure. It may be useful to ask a Legal Expert for more insight into the laws related to wrongful termination.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
9 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Termination Questions

  • Hi Allen, I was terminated from my employer in May of 2014

    Hi Allen, I was terminated from my employer in May of 2014 for absenteeism. I had taken a FMLA in January of 2013 after being diagnosed with Bipolar Depressive Disorder. I returned to work April of 2014. My Dr had indicated within the FLMA paperwork that I would be excused from absences of up to every 3 months with a duration of 7 days. This agreement March of 2014. I had missed 12 days within a 1 year duration which is the limit per my employer. Any absence from starting when my FMLA was in affect starting January of 2014 to March of 2014 should of been excused by employer but was not. Though it wasn't unlit after I was terminated that I discovered I was still covered under FMLA. I was denied unemployment even after appealing 3 times. I don't necessarily feel discriminated buy the HR manager was aware of my diagnoses. My immediate supervisor was aware and very understanding as so where my coworkers. Prior to my diagnose I have suffered for depression for 20 + years. Even though I am medicated there are still days my depression is so severe I can't even make my self get out of bed. I am just wondering if I have a case to at least receive the wages I should of earned if had not been terminated or at least receive unemployment. I as still unemployed.
  • I worked for a Canadian company here in Texas and was

    I worked for a Canadian company here in Texas and was laid off due to "restructuring" (not fired). The company decided to scale back, supposedly due to oil and gas prices falling, and is no longer pursuing environmental work here in Texas.
    I have a non-compete in place for 6 months after termination date specifically for "that, on the termination of the Employee’s employment with the Employer for any reason, the Employee will not solicit any customer of the Employer that was a customer of the Employer during the course of the Employee’s employment with the Employer, whether or not still a customer of the Employer and whether or not knowledge of the customer is considered confidential information, or in any way aid and assist any other person to solicit any such customer for a period of six (6) months from the date of termination of the Employee’s employment." I have two questions:
    1) Is the non-compete valid in Texas? On the non-compete form, the document is signed by the employee and employer on [hire] date and is "executed in the Province of Alberta"?
    2) If the company is no longer pursuing environmental work in Texas, is the non-compete valid if I go to another company in Texas and pursue customers for environmental work within Texas?
  • Hi, I work for a small hotel in Charleston, SC. I accepted

    Hi, I work for a small hotel in Charleston, SC. I accepted a salaried job paying $36,000 and received a written contract saying I would be expected to work 40 hours per week and get two days off a week and two weeks vacation.
    With in days after starting the job I was asked to work beyond 8 hours a day. Being my first full job I had no problem with helping out from time to time.
    The small hotel began losing staff and I was expected to help out to a greater degree.
    This has grown into a big problem. I have been for the past 10 months working 6 to 7 days a week, 10 to 12 plus hours per day, at times working 3 to 4 weeks with no day off. I am in serious concern for both my mental and physical health.
    I was hired to be the full time concierge with some back up responsibilities. I have been cleaning toilets, taking hotel laundry to my home to wash, cleaning rooms, making beds, I was appointed manager of the front desk, I'm a porter and valet, and lastly, part time concierge.
    My question is do I, as a salaried employee, have any protections?
    Can I be fired if I say this is too much and need to work less hours?
    My 1 year contract has expired and I have not received a review or a new contract.
    Please help.
< Last | Next >
View More Employment Law Questions