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How do I know if I was wrongfully terminated. There was a…

How do I know...

How do I know if I was wrongfully terminated

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

There was a discussion with my manager and her boss and I would not sign a corrective action because I felt like it was not true and the next day I got a phone call from my bosses boss and HR with termination

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I am not in a union and I am not sure if I was an at will employee, I don't have access to the employee handbook

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, what is the cost?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Employment Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

Ok

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Answered in 8 minutes by:
4/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
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.

What you describe, on just those facts alone, is not a wrongful termination.

In employment law, there are only a few ways to have a wrongful termination.

1. If you have an employment contract stating that you can only be terminated for cause, then you can certainly sue based on breach of that contract, for being terminated without a good cause. In your situation, if you had such a contract, then then you could certainly sue for breach of that contract, stating that you disagree with the basis for the termination. However, without such a contract, you can be terminated for refusing to sign a write up. You can be terminated without a write up. You can be terminated for liking the color blue (not kidding). Without a contract, your employment is "at will" and can legally be terminated at any time, with or without cause. You'd have to then look to # 2 to have a claim.

2. If you can show that the actual reason for your termination was race, religion, gender, age, disability, FMLA use, worker's compensation use, OSHA complaints or wage and hour complaints to the employer, then you can allege discrimination through a local employment law attorney.

Without one of the two reasons above, you have no 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. 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.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 3 months ago
pretty much unless it was breach of contract or anything in number 2 then I don't have a chance. It was moreless my boss saying she didn't like what I was doing and I disagreed with doing what she accused me of

Yes, without a breach of contract or discrimination, there is no claim of wrongful termination.

I completely understand your position, having refused to sign a write up myself before, but legally you can be terminated for doing so.

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