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Is a wrongful termination suit viable due to upper

Customer Question
Is a wrongful termination...

Is a wrongful termination suit viable due to upper management poor business decision making?

Lawyer's Assistant: Have you documented this or discussed it with HR?

I have. To no end. Divisions within the organization do not communicate.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, no signed contract

Submitted: 10 months ago.Category: Employment Law
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9/27/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.\

No, that would not support a wrongful termination claim.

To have a wrongful termination claim, you have to be able to argue one of two things (or both).

1. That you have a contract stating you can only be terminated for cause (personal contract, union contract, etc.) and then you can argue the employer breached that very specific contract.

2. You were terminated based on race, religion, gender, age, disability, FMLA use, worker's compensation use, OSHA complaints or Department of Labor complaints.

If upper management, or any level of management, did either of those things, then you'd have a wrongful termination claim.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 10 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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