Can I sue for wrongful termination?

Question

On oct 6, 2006 I was fired from my job for npt following procedure thats the offical reason.2 male employees were havng a sexual strong talk in front of a female security guard .I on the other hand was in the back of the store cleaning .The female guard came to me and asked what to do ,Well I told here to file a report and give it to the store manger .The following day I went to one of the employees and asked him to aplogize to the guard ,which he did later that day .later that week She talked about what happen to another female employee who reported it to a district manger.There was a investigation the 2 guys that were invovle in this were fired .I was fired the next day.But everyone that was interviewed said I wasn't present which I wasn't .Even still the female had record the conversation on a mini recorder and I'm not on the recording.I barely heard what was said because I wasbusy cleaning. Now was that a termination offense?

Answer 1

I'm sure there's more to this story, but based on what you've told us... you can file a grievance and if that doesn't resolve the issue - get an attorney and sue

Answer 2

You can, but I would think carefully about such an action. First, wrongful termination will be very difficult to prove, especially if you signed an "at will" contract, which is common nowadays. NOBODY does their job perfectly, and it's not hard for employers to find a legal reason for letting you go. Second, such a venture would be extremely costly to you. Even if your case was easy, you would have to, at least initially, shell out thousands of dollars in legal fees out of your own pocket, and god forbid if you lost you would still be jobless and then be saddled with all that debt. Third, even if you won your case, and the company was forced to take you back, don't you think your mere presence there would cause a large amount of resentment? Once you went back to work, you would be watched like a hawk, likely in an environment that would be miserable for you, any little mistake you made would be pounced on, and it likely wouldn't be too long before they found a legitimate reason to get rid of you. So, unless there are very STRONG principles involved here, or unless the company is clearly doing something illegal, it's likely in your better interest to just let this go and find a better, more pleasant place to work.

Answer 3

If you are part of a union then you definitely have grounds for an appeal. A union under law must grant you a representative ( person who will be like your lawyer) At best you will get back to the company but at a different site. You have to play the system. They are counting on you to give up and walk away. Obviously you did not do anything wrong other to have slightly involved yourself in this stupid game. And if you are not unionized I would recommend you play the "Gay Card" or if you are a minority play the as well. Claim you were dismissed because of sexual orientation or ethnicity. I've seen it all and some of it works well. I know a guard who actually got away with assault by claiming he was sexually assaulted by the client. Think of something cleaver and don't give up. I hope some of this helps but you have to ask yourself if you really want this job and if you could do much better?

Answer 4

If the evidence is that, the way you say, then yes i would say you have a strong wrongful termination law suit at hand, but as they said in the official report, you did not follow procedure, which could have been that you didn't mop left to right like the Manuel says,

wrongful termination suits are hard to win, unless you have a friend in human resources, and are friends with the investigator at the district office,

suck it up, collect UN-employment, find a new job...

Answer 5

Sounds like you were in the wrong place at the wrong time and you added to the conversation.

Your question regarding wrongful termination depends on what state you live in.

Long and short of it is that you would be better served spending your energy searching for a new job. It is unlikely that you would collect anything in this case .. and if you did, it wouldn't be enough to pay your legal fees.

Let it go and find a new job that you like.

Good luck.

Answer 6

Not only were you fired for no reason at all,but the female security guard should have been fired for audio taping someone's conversations unauthorized. It appears to me,that she wanted "certain men" (including you),not to be able to work there anymore. She "set you guys up!". She wanted the others to talk "dirty to her,or about someone else",in order to get you guys fired. What I don't understand,is: What kind of Boss would allow her to do such a thing? (Unless he's screwing her!). YES! File a "Wrongful Termination" suit against him,and in the process,add her to your suit for "Entrapment". (Good Luck)

Answer 7

sounds like you may have a strong case, however you may need to get specific reasoning on why you were fired. Or maybe you were fired for not reporting yourself when the gaurd came to you.
So you need to first find out the reason of your termination. If in fact it is not for rept. the incident then you will have a tough case to fight

Answer 8

You definitely have a law suit case. Please pursue it no matter how long it takes you. My brother in law was wrongfully fired from his job and it took him a year to get a lawyer to take the case. You can look for an attorney in your area by going online to lawyer search. Or you can just go into a law firm in your area to see if they can assist you or refer to another attorney that can help. BUT whatever you do, please pursue this because it is wrong. Good Luck.

Answer 9

Talk to the dept of labor, if your state has laws regarding this matter they will take action for you.
In most cases, the most you will get is back pay and your job back.
but do you really wanna work in a place like that?.
Keep in mind that after you get your back pay...
Simple assault is usually only a fifty to one hundred dollar fine,,,wink wink.

Answer 10

Assuming you are a US reident, laws regarding termination vary from state to state. Contact your local Dept. of Labor office they should be able to help you.