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I had a relationship with a third party employee on the job. I broke off the relationship and she threated bodily harm to me and my girlfriend.I went to my superintendant and told him the situation and asked if he could transfer me to another rig to avoid any complications.He asked me why I didn't tell my supervisor and I told him that my supervisor and I was at odds because I was paid a lower wage for a higher position after taking the place of someone who got injured.They said that they will call me back.I did not hear from them for almost two weeks, I had to call them and it was the day before I had to go back to work.I left messages for them to call me back.When they called me, they told me that they had to terminate me because I broke a policy.I call HR and found out that I did not break a policy, but they would not go into detail to why they terminated me.I have sent a letter to them requesting a copy of my employment records and I have received nothing.

2006-10-13 05:13:26 · 10 answers · asked by knob14 1 in Business & Finance Corporations

10 answers

If you were fired and believe that you may have lost your job for an unlawful reason, you may have a right to bring a claim for wrongful termination against your former employer. Legal remedies that may be available to you include money damages (if not officially released, negotiation for an appropriate severance package that includes adequate compensation.)

"Wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:
* Firing in violation of federal and state anti-discrimination laws;
* Firing as a form of sexual harassment;
* Firing in violation of oral and written employment agreements;
* Firing in violation of labor laws, including collective bargaining laws; and
* Firing in retaliation for the employee's having filed a complaint or claim against the employer.

Some of these violations carry statutory penalties while others will result in the employer's payment of damages based on the terminated employee's lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.

If you hav been fired:
1. Don't act on any negative instincts against your employer.
2. An employees' rights lawyer can give you advice and represent you in obtaining information from the employer.
3. If you have an employment contract become familiar with the provisions of the agreement.
4. Inquire about the reasons for your termination. Some states require several written/verbal warnings prior to termination.
5. Find out who decided to fire you.
6. Request to view your personnel file and if they won't turn it over have an attorney request the same.
7. Review promises made by your employer and gather evidence of those promises.
8. Request and negotiate for a severance package.
9. Confirm all agreements regarding your termination and severance in writing.
10. Do not allow yourself to be intimidated.
11. Return all company property and follow any other common post-employment procedures.

Find an Employement Labor Law attorney in your area to represent you on these issues.

2006-10-13 05:48:19 · answer #1 · answered by JFAD 5 · 0 0

Wrongful Termination and Demotion

The subject of wrongful employment termination is extremely broad and can only be briefly touched upon here. Generally speaking, California law follows the "at-will" employment doctrine. Under this doctrine, an employer generally is free to terminate or demote an employee with or without just cause. However, there are numerous exceptions to this doctrine, many of which are discussed on this website. Some examples include being fired or demoted because of unlawful discrimination, or in retaliation for reporting safety complaints or illegal conduct by the employer. These exceptions permit even an "at-will" employee to bring a legal action against his or her employer for wrongful termination or demotion.

2006-10-13 05:20:26 · answer #2 · answered by Brite Tiger 6 · 0 0

No law governs. If there are any limits on the employer, those limits are found in a contract. Could be a contract with you or with your school. As to your question, how do I sue, go to law school and then practice law for a couple decades. Or hire a lawyer.

2016-05-21 22:59:47 · answer #3 · answered by Anonymous · 0 0

Some states have an "at will employment". If they don't like the color of your eyes they can fire you. I just lost my job at Wal Mart (Arkansas store) becaused they accused me of writing on vulgarity on the bottom of an oil pan of a car. I won an appeal of unemployment benefits this week. I worked for them for two years as an automotive tech.

2006-10-13 05:44:23 · answer #4 · answered by redneck452004 1 · 0 0

If you are terminated for something that you didnt do, then you can sue the company for unlawful termination. Hire a lawyer and find out more from them on what to do with this matter.

2006-10-13 05:37:24 · answer #5 · answered by Jon 5 · 0 0

If you were an at-will employee, they can fire you unless you can prove discrimination.

They probably did it to lessen the chance of a sexual harrassment suit. You should have known better than to have a relationship with ANYONE affiliated with your job.

2006-10-13 05:21:23 · answer #6 · answered by KL 5 · 0 0

First of all, they HAVE to send you a copy of your file if you request it, its a law. If they don't send it soon, send them another request, maybe have it notarized AND, for sure, send it via REGISTERED mail. Sounds to me like you may HAVE broke policy, as a lot of Companies have that clause in their policy's (no fraternizing), you may want to review your handbook before you continue to pursue this.

2006-10-13 05:24:01 · answer #7 · answered by Anonymous · 0 0

Get a lawyer to check into it or take it and get another job and in the meantime apply for unemployment.

2006-10-13 05:23:42 · answer #8 · answered by livlafluv 4 · 0 0

Depends on the state. I know Nevada is a "right to work" state. They dont have to have an excuse to fire you. If they don't want you around you are gone.

2006-10-13 05:25:45 · answer #9 · answered by tiredinaz 2 · 0 0

yes i would~ if robbers sue and win for getting hurt in a house they are robbing you can for this. just get a good lawer

2006-10-13 05:20:52 · answer #10 · answered by lilshorty3088 3 · 0 0

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