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I am thinking about signing up through a new current employer. Does or can your firm help with wrongful termination from a pass employer

Lawyer's Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?

Manager and HR. They never sent reason why

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

At will and salary

Submitted: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/28/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,633
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.

(The system will automatically generate a phone call request to you. I intend to just use this chat format as I am not accepting phone calls at this time).

This is not a law firm. Rather, it is a website that gives people access to attorneys all over the country who can answer questions about legal matters. However, we do not represent clients. We answer questions for people so that they can make informed choices about what they wish to do locally, with an attorney representing them there. Often, we can help people avoid wasted time or processes.

In terms of wrongful termination, there are really only two versions in employment law.

1. If you have an employment contract that specifically states you can only be terminated for cause, then any termination that is without good cause can be challenged based on a breach of that contract. A local contracts attorney would be the best to make that complaint. Without a contract, a person is "at will" and can be terminated at any time, with or without cause.

2. In the absence of a contract, an employee can make a wrongful termination claim based on discrimination due to race, religion, gender, age or disability to the EEOC in your state. If the basis is FMLA use, then you'd make the complaint to the Department of Labor in your state (federal office). Finally, if there is retaliation for using worker's compensation or making an OSHA complaint, you'd have to hire a local attorney to make the complaint.

Without one of the two situations above, there is no wrongful termination claim to make.

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. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. 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 4 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, have a great day and please don’t forget to rate my service.

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