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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5686
Experience:  Exclusively practice labor and employment law.
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I just put a? on line abt my son being wrongfuil fired on

Customer Question

i just put a ? on line abt my son being wrongfuil fired on jan. 8th 2016 i was on my table can u answer my ? can who sue this company?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

This is the response I place on the other question you asked - I guess answer there or here

The standard for getting unemployment is different from making a claim in civil court for an unlawful firing. In unemployment you must only be fired for no fault of your own. In civil court a specific law must be violation for the termination to be illegal. Firing someone for a short term illness like a cold, flu, broken leg etc. is no illegal. Firing someone for having a long term disability is illegal, and in some instances they must be given 12 weeks off without pay and have a right to their job back. So, was his condition a long-term serious condition or just something short-term?

Customer: replied 1 year ago.
just one day off work he call his superviser 4 times and never got a answer back from her. then he called floor supervisor whuch hand book states to do. and when he went back on friday jan 8 2016. they told him he did not follow protocal and fired him. after 13 yr on the job.
Expert:  John replied 1 year ago.

Unless he is in a union and/or has a contract for "just cause" employment he isn't going to be able to sue for anything in civil court; i.e., he has no legal recourse. Indianan like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex,religion), violations of public policy (e.g., fired for attending jury duty,for refusing to break the law, for reporting illegal activity by the employer(aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.

In his case, there is no apparent claim for race or other type of illegal discrimination. So the only thing that could help him is if he had a contract for just cause. Most people simply do not have such a contract unless they are in a union, because employers generally avoid making employees just cause because they prefer to reserve their discretion in personnel actions. He may have a just cause right, however, and if that is the case, his termination would be a violation of that contract and he could sue.

Expert:  John replied 1 year ago.

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