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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19177
Experience:  Employment/Labor Law Litigation
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I need to know what to do about my employer i believe it is

Customer Question

I need to know what to do about my employer i believe it is a wrongful termination.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today.

I need to ask a few questions to best help you and I need responses to each one.

1. Did you have an employment contract stating that you could only be terminated for cause?

2. Do you have any evidence to suggest that the basis for this termination was your race, religion, gender, age, disability or recent medical leave use?

3. Why do you think this is wrongful termination? You said you reported something going on at work. What was that?

Expert:  Allen M., Esq. replied 1 year ago.

I'm not sure if you saw my questions. I asked them because they are legally significant. I'll try to address your question generally, without the specific information that I requested.

In employment law, if you do not have a contract of employment, your employment is "at will." That means that it can legally be terminated at any time, with or without cause. If you have a contract, then the recourse is sue for breach of that contract. However, most people don't have a contract, so they have to rely on other methods of alleging wrongful termination.

This is why I asked about evidence of discrimination due to your race, religion, gender, age, disability or recent FMLA use. Even in the absence of a contract, if an employer makes a termination decision based on one of these factors, it is illegal. I asked about this sort of evidence so that I could help assess the potential of that sort of claim. If you feel this is the basis for your termination, then your recourse is to file a complaint with the Equal Employment Opportunity Commission to have the matter investigated and to preserve your right to sue once their investigation is done (for FMLA use the Department of Labor instead).

Finally, I asked why you believe the termination is wrongful. In some instances, even in the absence of a contract of employment, the employer will have their own policies which require progressive disciplinary actions rather than immediate terminations. They have policies that don't allow harassment. Such a policy can actually count as an implied contract, which could also form the basis for a wrongful termination claim, though this is much harder to do and depends greatly on the exact wording of their policies.

I recognize this is a general response. I would be happy though to respond based on your more specific information. Use REPLY if you have any follow up questions relating to this response.

Thank you.

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