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Do I Have a Case? Print E-mail

Businesswoman Employees are laid off every day in companies that are downsizing or because their employer decided to go in a different direction. No matter what, employees are protected under employment laws that force human resources professionals to provide appropriate background for a termination.  

If you think you’ve been wrongfully terminated, you may be able to bring a legal claim against your former company. While not all wrongful termination cases are successful, if the courts rule in your favor, you may be eligible for back pay, reinstatement, compensatory damages, punitive damages, attorneys' fees, etc.

But filing suit against anyone is a major undertaking, and there are many things to consider if you decide to move forward. For quick reference we’ve developed a checklist of common reasons for a wrongful termination suit




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written by Antoinette Hines, November 04, 2007
I was terminated from Company B on July 3, 2007. I was very sick on June 28, 2007 after leaving work for the day I could not take it anymore I went to the emergency room that evening where I was giving breathing treatments. I was dx with an upper respiratory infection with wheezing and was giving five different medications. The emergency room documentation stated I was contagious for the first 3 days and needed to be at home resting for those days, however Company B stated that my dx did not qualify under the company's guidelines of the Fmla/sick policy. I returned to work the next day which was June 29, 2007 because of my attendance issue and I did not want another occurence which would have resulted in termination for me. However when I arrived at work I was so sick my supervisor sent me to the nurse after reviewing my Er documentation the human resource manager advised me that because I was contagious I had to go home and take vacation time and/or personal time in which I had none I was avised that I had to go home I asked the nurse could I where a mask and sit away from my co-workers because I did not went the occurrence and face possible termination I was advised by the nurse no if it is that serious i had to go home. After leaving work I went to my primary doctor who agreed with the Er doctor and she wrote me a doctor's excuse to be off until Monday July 2,2007, I was also prescribe an additional prescription by my primary doctor. That was a total of six medications I was on. I returned to work on July 2, 2007 and was terminated July 3, 2007 despite my medical documenation and doctor's excuse.
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written by RLB14, February 29, 2008
Hello. My husband has been working for a retail company for the last 6 years. When my husband applied for the job he stated on his application that he had a prior felony charge. He conversated with the hiring manager at the time about it when he was interviewed. He was hired. Now, 6 years later we move to another state and he transferred with the SAME company. Today, they fired him due to his charge. He has worked for this company for 6 years as hard as he could, has not had ANY write-ups, has been promoted 2 times and they just fire him. They have offered nothing. He was weeks away from receiving a very nice bonus. All they will give him is this last check...nothing more, nothing less. Is the OK? Can a company just fire you if you were HONEST 6 years later because they choose to? Thanks
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written by Daleylehmann, July 11, 2008
I was being laid off by a municipal government in Texas. I was given my 2 week notice and we had made plans for my departure. Before I "officially" left the city I applied for unemployment benefits from the state commensurate of this date of my final day. My last day of work arrived and it was the same day that the state called my former employer about my employment status. After they had talked to them on the phone, I was sent into my bosses office and promptly fired. They only reason I was given was that I had contacted the Texas Workforce Commission. Is that a legitimate way to fire an employee?
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written by portmore, August 12, 2009
3 weeks ago my boss promoted me AFTER he heard that I may be leaving for another job and he wanted to retain me. Yesterday he called me intohis office and says he has "doubts" about wheter or not I will stay and fired me. That was the only reason he gave. If he knew I was been sought by another company and promoted me to a Director job, does he have the right to fire me later?
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written by wggaddis, January 28, 2010
Have work for company A for 10 years. Company A was sold Sept 1, 2009 and new owner created Company B. Business gets really slow so all employees are having to take days off in order to cut payroll down until business picks up. I am now only working 3 days per week. New boss hires new employee and wants me to show her some of my duties. After my days off when I come in to work MY desk is totally rearranged and then realize that the password on my computer has been changed. After a very heated and loud argument with new boss told him if he was gonna fire me or let me go just to let me know don't play games with me. He said yes that he was gonna have to let me go. One more detail = I make 10.50 per hour, the new girl makes 7.50 per hour. Can he let me go and hire someone else to do my job (before I'm even gone) so that he can pay less in payroll?
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written by NotGonaTakeIt, April 17, 2010
I was terminated five days prior to surgery for a chronic conditon. My manager had been telling me he would work with me during my recovery until this point.
My sales numbers are the best in my region, and I was given a raise and bonus last year. My performance has been good.
What should I do?
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written by kmathrn, November 18, 2010
I was terminated from my job on day 26 of a 30 day resignation period for supposedly saying something bad about my director to another employee. Complete hearsay. Four weeks later, my director was arrested on federal child pornography charges. I had worked at this company for 13 years, him for 1. They took his word over mine. I have been before a grievance panel, which was guided by a hostile HR director that geared the outcome towards the employer. I have gone through corporate questioning his credibility and integrity. He hated me from the start cause I was an older more experienced employee, rather than someone new whom he could mold--his words. I basically knew more than he did and he did not like it. 100% of our department left because of him. I want to know, should I go to the EEOC, or go see a lawyer? I want my standing back, my 4 days of remaining pay for giving correct notice, assistance with getting a job back in the company and back pay. I also have no insurance and have accumulated bills already. Can I ask for that also?
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written by PapaFish, December 14, 2010
I have worked for a corporation in a union shop for 21 years. During this time the company has been bought and sold 3 times. My current position involves doing date sensitive work all handed to me at the beginning of the year. This work is performed outside. Some of the work is day/month sensitive and most of the other is due to be done by 12-31. During the year, I also have " fires to put out" , jobs that pop up that need attention relatively soon. I had worked especially hard and diligently early in the year to complete my date sensitive work so that my time spent outside would be minimal during the winter cold, only playing fireman this time of year, By doing this, it has offered me a lot of down time...no fires - nothing to do. I am currently on indefinite suspension for what I surmise is not working for my pay and setting around a lot of time. My supervisor has asked about my workload to which I told him I didn't have much to do and I was moving slow. He did not take exception to that statement, just said ok. He has computer access to my work load if he chooses to look. The company would like to take my job away from me since I am the only one in the company with this job capacity and turn my duties over to another group of employees like the rest of the company. My firing would give them an edge to do that. The union is of little use and goes to great lengths to accommodate the company. Do I have a case?
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written by Raven, April 29, 2011
Daleylehmann---- for a case you hv to log a complaint, first ur employer informing them abt ur dissatisfaction n then u cn take it fourth after their responce
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written by gobucks2461, January 19, 2012
Hello, I'm actually logged in to try and help my wife. She was recently let go. She worked as an Marketing Manager for a top accounting firm. She began working for a new boss in April of 2011, after my wife was interim Marketing Director for a year. About the time of June 2011 my wife went to HR for the whole marketing group to let them know they didn't think the new boss was working to the companies standards and not the way they did things. In about July 2011 HR had a meeting with my wife and new Director to "iron things out", then my wife was approached by new boss in her office and was told "how dare you go to HR about me". Shortly after that, my wife was met with impossiblr deadlines that she could not meet even with working until 2 am five days a week. Then she was let go this past week. Is this something she should look into with an attorney? I believe a "whistle blower" law or something? Is there a law that would let her access her personal file from employer after termination? The dirty boss even wanted to write her letter to company to sday she couldn't handle job with home responsibilities. How dare her, as I have been a single parent with our young children through the last 6 months. Just looking for some advice to pass to my wife. Thank you!
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written by lmo, June 22, 2012
I worked for hospital doing medical transcription for 23 years until my hands hurt so bad I couldn't do it anymore. I have an attorney for work comp which the company is fighting. I received notice that I was terminated on the 19th of June due to the fact that I could not give them a date within the next two weeks that I could return to my previous job doing transcription. I has been six months since I worked and they said I was terminated. I am appealing my work comp case right now, can they fire me while this is going on?

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written by lrestaino, October 15, 2012
My mother was recently terminated last Friday from Sam's Club in Tinley Park, IL. The reason for her termination was because she was written up 4 times in one calendar year and all 4 of her write ups were because she was one minute late taking her lunch break. The reason for at least 2 of those instances was because the time clock in her department was 2 minutes later than the punch out clock at the front of the store. When she told them that they said that knowing that, she should have taken that in consideration when leaving for her break. The fact of the matter is that she’s such a hard worker that she works until the last possible minute and they shouldn’t have written her up but they were trying to find a reason to get rid of her because of her pay and age.

She just had her 21 year anniversary last week and the next "calendar year" would have started on Nov 4th. For 21 years she had consistently overachieved her job duties and earned annual merit raises. It was obvious that they have been trying to get rid of her for years as she is one of the highest paid full timers at the store and they have consistently been giving just her some of the most difficult jobs in the dept and she’s the oldest one there. After 21 years they wouldn’t even give her a set schedule but the part timers were able to work when they wanted.

Seeing that the clock in her department was 2 minutes late and the managers knew and never changed it, I think she was wrongfully terminated. Please let me know your thoughts.

Thank you!!
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written by Oliver, February 05, 2014
My husband has been working for 20 years at a world wide company that is very large as an industrial engineer . He has a boss that just doesn't like him. My husband took his earned vacation over the holidays which put him behind because there is only the 2 of them. He was told after he returned that he was under review for termination because he was behind. Can they do that?

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factoids

13% of suits brought against large corporations were for wrongful termination.


Wrongful Termination Laws
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Wrongful Termination Laws The Ins and Outs of Unemployment Getting Back on Track Things Not to Say in an Interview Hot Career Changes


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