Wrongful termination?
I worked in ohio at a plastic factory. My co-worker was recently written up for smoking inside the plant. I was just fired with no warning for smoking in the plant. Our supervisor was letting us smoke just inside the door when it was very cold out (we worked 5pm - 5 am). My supervisor smoked too. They gave him a 2 page write up for all of us smoking by the door. I had recently filed workers comp. for my back, about 7 months ago and have fully recovered with my boss telling me i was his best worker. I had been picked out and drug tested about 2 - 3 months ago also out of everybody and passed. Is it considered wrongful termination if they wrote other people up but fired me? Can they try to deny my unemployment? I am very worked up about this seeing my 1 year review was litterally 6 days away and was hoping for the best =( Do you think this is grounds for a wrongful termination lawsuit. seeing how other people were given warnings but i was just fired? OH BTW I am an "employee at will"
Can I sue my employer for wrongful termination if I am an at-will employee?
In the US, an employer can fire you for no reason or for any reason. There are a limited number of exceptions. Those exceptions include specifically protected classes. That is race, religion, age over 40, sexual orientation (in a limited number of locations) and so on. If an individual faked something to get you fired, you might have a lawsuit against that individual person. But your employer, since they don’t even need a reason to fire you, isn’t going to lose a lawsuit because they fired you for a made up reason. Unless that reason is to hide the reality of firing you for being part of a protected class.I agree with the person who warned you about your call recordings. If you recorded those calls in a state which requires all-party consent, or the person you recorded was in such a state, you are in for more trouble than it is worth and it is unlikely you could even use the evidence. So be careful about revealing the existence of those tapes until you are sure you didn’t break the law when you recorded them.The only way to know for sure if you have a case is to consult with an employment lawyer in your jurisdiction. But I have to agree with the assessment of the others here. I don’t see much to go on based on what you have told us.
In India, can an employee sue an employer for wrongful termination?
Technically yes, if termination is against the employment conditions as mentioned in appointment letter, And so read your appointment letter regarding notice period and seek a legal opinion.Here it's important to mention the statutory laws like Minimum Wage PF, ESIC, Grautity and Bonus has to be adhered to in all conditions irrespective, as mentioned in various acts . Bonus in termination cases is generally withdrawn.But there is a practical side, higher one moves up the ladder more insecure one becomes and so he/she avoids legal recourse because it impacts future employment, to avoid being labelled as a trouble maker and avoid termination word per se in relieving letter. This gives rise to “deemed exploitation” - if I may refer it to as exploitation in the first place- to forcefully make someone resign and force a “graceful” exit.With changing work profiles and sure downfall of existing IT industry we can forecast a change in employement work conditions soon, hopefully positive
Can you win a “wrongful termination,” case against an an “at will,” employer in NYS?
I had a mental break down at my work after not taking my medicine. I made comments about wanting to put my kids up for adoption. I said I have thought about wanting to drive my car in a tree because it’s all to much for me. After leaving for the day they called CPS on me. The investigation is on going. My kids were taken from me because of their call. I do understand them calling but I am upset because the manager who made the call to CPS had the day off then came into work and listened to what co workers said I allegedly said.i was never once asked my side of the story by my manager or HR. My job knew I was struggling mentally so they allowed me to take a long lunch every week to see my therapist. HR told me they would not be seeking disciplinary action against me and they wanted me to get help. HR told me I would not be allowed back to work until I had a note from my doctor saying I was mentally fit for work. I made an appointment, then they fired me before I even had the appointment. At the appointment my doctor cleared me to go back to work as well. When I received my termination letter they put my reasoning for being terminated was “involuntary termination.” I feel I was discriminated against.When I asked HR about why I was fired they gave me very little explanation other than that I said comments that upset my coworkers. My break down happened on a Wednesday, then they called me that following Monday morning and fired me.
Wrongful termination for violating HIPAA - Help!?
My husband was fired for violating HIPAA. He signed the paperwork saying that he did in fact violate HIPAA and that he complied with the termination. Can he still pursue a wrongful termination? He was written up for saying something rude to a client. He told me word for word - "I was written up today." Of course I asked why. He said, "For being a smart *** to a client." His boss came by our house and asked to speak to Brandon but he wasn't home at the time. She said that she really needed to speak with him because he has been written up. I asked why. She said, "For being belligerent to a client." I said, "Yeah I heard about that." She asked for him to call her and that was all. She fired him because I said, "Yeah I heard about that." Is it seriously a violation of HIPAA to tell your wife about being written up at work?? Names or details were never mentioned. What was said was exactly what I typed. Thank you in advance for serious answers!
No response to demand letter for wrongful termination?
"What is the typical time frame in which opposing counsel is respond?" If their in-house counsel decides your case has no merit, they'll probably not respond at all. They'll wait till you actually file a suit, then move for summary dismissal. "Also, does the employer need to report this to their insurance company" No. Any insured can always choose to defend himself if he doesn't want to involve his insurer. Commercial insurers treat the cost of responding to claims like this (Billed at a high hourly rate) as being a payment to the insured, and can use them to hike the premium at the end of the policy. "and if so, are they required to respond to the demand letter or is the employer through counsel?" Neither. A demand letter is just a letter. You can legally ignore it completely. When and if you actually sue them they have to respond, or risk losing to a default judgment. The fact is that all but a small handfull of US States are "employment at will", which means that an employee can be fired at any time for any reason not specifically prohibitted by law, or in violation of a written employment contract. As a result, virtually all "wrongfull termination" suits are legally baseless, so most employers pretty much ignore them all unless they actually get served. "My attorney has now asked me to come in and discuss further options and request more money as well....." I hope you don't mean your attorney is going to request more money from you.... Any time an attorney isn't willing to take a labor case on contingency (He only gets paid if and when you win) it's a HORRIBLE sign. Richard
How do you prove a wrongful termination at a job when you're an at will employee?
You learn about the law that was violated by ending your employment. Lots of law firms have lists of unlawful reasons for termination of employment. Here’s a description and sample from one of them.Employment "at will" simply means that an employee does not have a contract for a certain length of time. The employee can be terminated at the will of the company. But, while we hear the "at-will" buzzword from employers' counsel all the time, terminating an employee for an unlawful reason is still a wrongful termination. This happens every time an employer decides to terminate an employee because of a protected characteristic, such as having a disability. It is a fact that unlawful terminations occur every day, and are regularly committed by some of the largest companies in the world.Wrongful termination occurs when discharge is motivated by an unlawful reason.It is impermissible and unlawful to terminate an employee because of any of the following:Physical disability (FEHA or ADA)Mental disabilityUse of Family Medical Leave (FMLA or CFRA)PregnancyRaceReligion or religious practicesGenderAgeSexual orientation (i.e. homosexual, bi-sexual, etc.)Gender identity (i.e. transgender, etc.)Pregnancy or maternity leaveNational originPolitical affiliationConstructive termination - hostile work environmentRetaliation for workplace health and safety complaintsRetaliation for complaining about unpaid wages or overtimeRetaliation for reporting Labor Code violations, such as failure to provide meal or rest breaksRetaliation against health care workers for reporting patient safety concerns
Eligible to file for unemployment? Wrongful Termination Lawsuit?
You will likely get unemployment: 1. you followed the rules as you believed them to be 2. they have no documentation that you were trained/instructed to adhere to a different set of rules 3. there was no prior discipline Wrongful termination/pregnancy discipline is more difficult to prove. Hopefully your initial claim for unemployment will be denied, you will appeal, and you will then have sworn testimony from the company as to what transpired and why. If that happens, I would use an attorney for the UI appeal, and make sure he raises discrimination during the hearing. You must first file an EEOC complaint before taking it to a lawsuit. Discuss all these options with the attorney. The EEOC/lawsuit process is stressful, and may take several years. Although, since you are dealing with a private company, they may have an interest in mediating/settling out of court, so it is entirely possible you can shorten the process. The standard of proof for a lawsuit is much higher than for unemployment. Take it one step at a time, just be aware of your time deadlines and how each action potentially impacts the others. Go talk to a lawyer!
What are some situations that constitute a "wrongful termination" lawsuit?
In the U.S., most employees work "at will." They can lose their job at any time, for any reason -- almost.But there are exceptions. Discrimination - Age, race, sex, religion, disability -- employees who are members of a "protected class" can't be fired because of an issue related to how old they are, their religious practices, their gender, anything related to "disability", their skin color or national origin, or any other discriminatory reason. Retaliation - You can't be fired for filing a workers compensation claim. Or for filing a complaint under the EEOC. Or for filing a civil rights complaint, among other things. Employers who violate this law usually dream up another excuse to fire you because they know that retaliation is illegal. But judges look at timing of events to find ulterior motives for dismissing an employee. Suspicious circumstances usually support a legal complaint. Unfortunately, that possibility doesn't stop many employers from dumping lots of people illegally. The state of Texas posted on its website this report: An Analysis of Workers Who Were Fired or Laid Off After a Work-Related Injury. "When injured workers were asked to give their own opinion as to why they were fired or laid off after their injury, most believed it was because they filed a workers' compensation claim; because their doctor said that they couldn't go back to work; or because their employers did not believe that their injury was work-related."You have a contract - Medical residents in hospitals, for example, sign annual contracts with terms including vacation, health insurance, compensation, and other details. They can be dismissed within reason. Otherwise, the termination is wrongful.