Wrongful termination in a Work "at will" state (AL)?

Question

I work extensively within the realm of litigation as a legal assistant... but I have had little experience with "wrongful termination" suits. I do not intend on filing a suit unless I have any unexpected difficulty in my seach for new employment - btw...I was "fired" yesterday... no notice, just fired...no witnesses, no paperwork with reasoning...just a conference with an associate attorney...in private. Here's the deal... I went to see an infectious disease Dr. one week ago. I have had minor skin abcesses for about a year which began after a very bad case of MRSA. I, along with my treating physician...assumed that this was the staph bacteria causing it. I was treated with high dosages of antibiotics for several months which only temporarily relieved symptoms. bottom line specialist said it NO staph, sent me to a derm. who confirmed NO INFECTION at all. it's freakin acne. that was this a.m. I was fired yesterday b/c a coworker claims she now has mrsa b/c of me. she's at wk 2day

Answer 1

Well Miracle;
You know what to do and how to do it. Just make sure you have proof from your doctor that you don't have MSRA.
By the way, that stuff is dangerous. My brother died from staphylococcus aureus back in 2001. He was allergic to the antibiotic that would have saved his life. Long story short, his time was up.
You take care of yourself and do what you have to with your ex-boss.
Good luck.

Answer 2

Lawyers are notorious for working just inside the limits and spirit of the law. They, along with every employer, have a right and a duty to protect your co-workers from any hazard and risk such as an infectious disease - MRSA is one of them. If an employer believes there to be a risk posed to their employees and themselves, they can let you go for that specifically provided they do it properly. Every employee in nearly every state is "at will" and can be fired for absolutely nothing unless a written contract or union contract governs your employment. Wrongful termination is VERY difficult to prove - when you're dealing with lawyers as the defendants, who are highly skilled at manipulating the law, I would say that you will be behind the 8-ball and likely not to succeed. Unless you are up for an ugly fight, and defending/proving what kind of an employee you were, just file unemployment, collect what is rightfully yours and find another job with a law firm that will appreciate your talents and is fairminded to boot. Good luck.

Answer 3

Talk to a labor law attorney that is not afraid to but heads with a fellow lawyer. I'm pretty sure that you can't be fired for a medical condition, and without being able to show just cause or because of the elimination of your position, you probably got a decent wrongful termination claim. Try to get a statement from the co-worker that states she believes that you infected her and that she voiced that belief to your employer. Give her some BS about you wanting to do the right thing and are checking to see if your personal liability insurance could compensate her or what ever it takes to get her to tell the truth. Get statements from your Dermatologist with the diagnosis and treatment and a statement that you have no communicable infection. GOOD LUCK!

Answer 4

If your employer fired you because it believed that you had a medical condition (regardless of whether you really did), odds are this is grounds for a wrongful termination suit under the Americans with Disabilities Act. Your employer was required to work with you to determine if it could accommodate your "disability" - failing to do so gives rise to a wrongful termination claim. You are entitled to file suit under the ADA even though you were an at-will employee. An attorney can help you evaluate your rights.

A couple of helpful hints: definitely work at looking for a new job and keep absolutely everything connected to your job search - print outs of on-line job searches, copies of newspaper ads, notes of communications with potential employers, everything. This is evidence of your efforts to "mitigate your damages", meaning that you made an effort to minimize any damages that your employer might owe you. Having this evidence will be important to your ability to state a claim if you take that path.

Second, please, don't take the advice of the person who recommended tricking your former coworker into talking about this situation. Nothing you obtain this way is going to be admissible in court, and it can only hurt your credibility.

Answer 5

You mite want to fine out how the hell they knew you went to see these doctors they should not have access to that information. Also, if you have Acme and not mrsa you co-worker could not have gotten it from you, and the antibiotics will reduce acme for a time. I think you have a good case and if I were you I would go see a lawyer about it with in your state.
If you were talking about it with your co-workers {STUPID MOVE} if they wanted to get you out of the office and their way to move into your spot; you sunk your own battle ship by confiding in them. If you can prove you were over your MRSA six or more months ago there is no way that you could have infected that co-worker. Did your Doctor say that you were infectious or not; because he would be a good witness for your case if you were not infectious, and this would prove that you were wrongfully dismissed. LOTS OF LUCK!

Answer 6

even though you are in a at will state in some cases you can still make a suit, you need to talk to an attorney that handles this as a specialty! this is why you don't talk about personal things at work.

Answer 7

Try the sites below for research on this topic. Make sure to change the location/state in which you work. Hope this helps.

Answer 8

"at will" means you are up the creek without a paddle. Best bet is to kick the other persons you know what.

Answer 9

You could probably sue under the American with Disability Act (ADA). This is also discrimintory.