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I believe I was wrongfully terminated from the business I worked

for. I worked as...
I believe I was wrongfully terminated from the business I worked for. I worked as a zipline guide for the summer. The owner of the company accused me of performing an unsafe evacuation of the zipline and sending customers off of the platform backwards to my manager. I did neither of these. I have witnesses that will attest that the evacuation was performed in compliance with the most up-to-date industry standards as well as company practice. And witnesses that can attest to the fact that I have never allowed or condoned any misbehavior while guiding a canopy tour. The owner approached me and made his accusations to my face. I politely explained that my evacuation was text book and I never sent anyone off the platform. He informed me that he had photographs; I asked to see them. They were never shown to me. Leading up my termination, I never received any verbal or written warnings. And I was not told that I had been fired for a week after I had been taken off the work schedule. My manager (not the owner) has since told other employees that I was fired "for doing absolutely nothing wrong." Although I am a muslim convert, I do not believe I have really been discriminated against, other than personally. I do not know if I should file a formal complaint or even if I can. Please advice.
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Answered in 1 minute by:
8/19/2013
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,431
Experience: Employment/Labor Law Litigation
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Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Did you have a contract of employment stating that you could only be terminated for cause?
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Customer reply replied 4 years ago

To be perfectly honest, I signed that paperwork over a year ago. I don't have a copy and I do not remember the terms of the agreement.

Customer reply replied 4 years ago

Im not sure if my response went through when I sent it through the site, so I will respond from my email as well: Unfortunately, I do not have a copy of the contract and I signed it over a year ago, so I do not remember specifics of the contract. My former manager will be obtaining a copy for me on wednesday.


 

Ok. That is a key issue here. Employment in the US is "at will" by default. That means that a person can legally be terminated without cause, without warnings, at any time.

There are only two ways, in an "at will" society, that your termination could be classified as wrongful.

One is to have your employment moved out of the default 'at will' situation, into a contracted position that requires cause for termination.

The other is that you demonstrate that you were terminated based on race, religion, gender, age, disability or FMLA use.

So, you have to determine if you have a contract of employment if you do not believe you were discriminated against.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,431
Experience: Employment/Labor Law Litigation
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Customer reply replied 4 years ago

Excellent! like I said, I will be getting a copy of the contract on on Wednesday. I will carefully look it over. Thank you very much for your time!

No problem. Take care.
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Allen M., Esq.
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Category: Employment Law
Satisfied Customers: 19,431
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Experience: Employment/Labor Law Litigation

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