If you and your spouse BOTH work for the same company and you are injured on the job isnt it wrongful termination if they fire your spouse for NO reason the day after u get hurt? No write ups or anything in personnel file- just a pissed off employer! This cannot be legal in any way shape or form is it???? Think there is a case?
2006-12-12 05:26:02 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes, definately, UNLESS the spouse displayed obvious problems or resentment over the matter.
If they showed up, kept their mouth shut and did their job it would be definate grounds for a case.
2006-12-12 05:28:50 · answer #1 · answered by Anonymous · 0⤊ 1⤋
If he was fired in order to avoid paying workers' compensation than there is most likely an action based on your state's workers compensation statutes.
If he has a union contract or an employment contract there may be an action based on a breach of that contract.
Other than that, there are only a few other reasons why an employer cannot fire an employee. These are limited to race, gender, nationality, disability, and age. If he can show that he was fired for any of these reasons, he may have an action.
Other than that, he is probably in an employment at will situation and the employer can fire him for any reason except those listed above, or for no reason at all.
2006-12-12 14:02:12 · answer #2 · answered by Atptim 1 · 0⤊ 0⤋
Most companies have an at will employment policy in which either you or your employer can terminate your working relationship. If you feel that you are being discriminated against, contact a lawyer. There doesn't need to be anything in their personnel file, but there should be some sort of violation of company policy or just not performing up to par. Most companies fire within the employment clause by stating that they are downsizing or that your position is no longer needed.
2006-12-12 13:33:54 · answer #3 · answered by quatrapiller 6 · 0⤊ 0⤋
Depends on if your employer has at-will employment. If there is at-will employment your employer can terminate employment at any time for any or no reason at all. If he was fired for no reason, he will definitely get unemployment though.
2006-12-12 13:31:20 · answer #4 · answered by momofmodi 4 · 0⤊ 0⤋
Depends if you work in a right to work state. If you don't then yes there is a case. Right to work states can fire you for just about anything but harrassment.
2006-12-12 13:29:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If you have a "at will job" like they have here in California they can let you go for no reason what so ever
2006-12-12 13:34:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If he was injured on the job he is entitled to worker's compensation. He shouldn't have been fired.
Unless he got injured because he came to work drunk or something.
2006-12-12 13:29:34 · answer #7 · answered by Niecy 6 · 0⤊ 0⤋
it depends ,in California employer can fire you for any reason
2006-12-12 13:36:02 · answer #8 · answered by binda 3 · 0⤊ 0⤋
there is always a reason,
2006-12-12 13:36:53 · answer #9 · answered by Anonymous · 0⤊ 0⤋