What are the rules governing termination by employer?

Question

There was a lot of made up accusations as justification for termination.

Answer 1

You should talk to your union representative if you have one. Sometimes people are forced to resign from their jobs because their bosses threaten them with termination, but they do not realize that they may have a few more rights. The moment your supervisor mentions termination then you need to demand the right to see your union rep. Actually, you should postpone any meeting that may led to further discipline until a union rep can be with you at the proceeding. If you do not have a union representative then maybe you could hire a lawyer and fight to be reinstated or have some sort of compensation. However, it is often best to move on after leaving a position where you were fired because a dozen windows can often open once you have closed a door. Life is not perfect, but if is better to find a job that will make you happy and were your boss might appreciate you more.

Answer 2

There are a lot of rules governing this area. If the termination was without excuse, then the employer can be sued for wrongful termination. There are greater protections for termination based on race, gender, and age. The employee has to show that he did a good job while he was employed and the employer hired a replacement for the same job, meaning that it was not a lay off situation, and that the employer terminated the employee based on unlawful reasons.

Answer 3

Much of that varies state by state, whether you have a contract with the employer, etc.
If you were employed longer than six months, you are probably eligible to collect unemployment. If you were employed less than six months and can demonstrate that the company is in the practice of terminating people's employment before they have reached six months, you probably have a federal investigation and a class-action lawsuit in the making.
As for "Made-up accusations" to justify your termination, there will be rules applied with regard to those accusations having been documented. As far as I know, a "secret file" to which there are no witnesses and to which you (or your attorney) are denied access can NOT be admitted as evidence in any hearing.
Also, if the reason for your termination was that you did one thing the company's policies stated would be actionable "...up to and including termination," you are probably out of luck.

Answer 4

It differs from state to state, I'd do some research and ask a lawyer. For instance, here in KS, an employer can terminate your job for any reason at any time, regardless of any probationary period being over. Though if say, you were truly sick, saw a doctor and could prove it and still got fired, you could still try to sue for wrongful termintion, but it's still an uphill battle.

Answer 5

Most states and employment contracts have an 'At Will' employment clause, meaning the employer does not need to have any reason to release you. The only possible defense in an at will state is discrimination or sexual harassment if provable. It is all about proof, if you have no physical proof you have no case.

Answer 6

all depends on what state you are in , most states in doesn't matter , they can fire you for anything whatsoever and don't even have to tell you