I got fired. Do I have a case?

Question

(Rephrasing because some didnt' understand)

After not having said anything negative to my boss in 3 years of working there, I said something. As a response, I got fired a week later. Their reason? "It's not working out."

I have never been written up. I have had stellar performance reviews the entire time. I have had 3 promotions -- more than anyone else in my department.

I was the only female manager. I have heard other managers get into it with him and they shake it off. He calls it courage when they do it. Once when I stoof up to another manager, he called it "bi tchy".

Is it alright that I got fired? Do I have a case? Can I sue?

Thanks! Everyone gave great answers and great advice!
I'll leave it up to the answers community to vote for best answer.

If you wanted to know: I've decided to go talk to the EEOC. I am not returning to work any time soon.

Thanks again and YHWH bless!

Answer 1

Depends on what State you live in. In Missouri, they don't need a reason to fire you because Missouri is a "Right to work State". Illinois, they better have a reason for firing you, because it is not a "right to work State".
Doesn't make sense to me. I thought "Right to work" means you have the right to work.
Oh well, go figure the government.

Answer 2

Legal action is a last resort. A better course of action is simply to ask for a reference.

Listen, people get fired all the time for stupid reasons. Even if you have a solid case against your former boss, there are still downsides to legal action. It takes time is the biggest. It also costs money. There is also the risk it might fail despite having a solid case on paper. There's also the emotional drain. In the meantime, you need to get another job to support yourself. That means you'll need a reference. The best reference is your now former boss. Potential employers always want one reference from a manager you had in the last two years. They want to know if something about has happened recently that is making you change jobs, i.e. going through divorce, an illness, ... Not having a recent reference will appear suspicious.

Here's what you do. You call up your former boss and agree that things weren't working out and it's best to move. Then say, "Now I need to find another job, is it possible for me to get a reference?" Get ready to be surprised!! Not only will he give you one, it will be GLOWING!! There are two reasons. First, asking for a reference implies you're not going to sue. That's a huge relief for an employer because legal action is huge hassle. Also, a reference costs him nothing and knowing you'll get re-employed will help relieve/reduce any guilt he has over the incident. Plus, you'll have this glowing reference for life!

Just get another job and be glad he's out of your life!

-- Andy

Answer 3

Not sure what state you're in or what your state's laws are...usually an employer is required to give you written notification of your bad performance so that you have the opportunity to correct it. Sometimes they can say that you violated a policy that requires an immediate termination (such as theft) or that you were within your probationary period and they let you go because it wasn't working out. Haven't heard of probation being 3 years! Usually verbal violations result in a write-up, which you mention you've had none of, and if the company uses those as disciplinary resources, you'd think they'd give you one for this. I'd file for unemployment benefits first and then you may find an atty that will give you a consultation for free to tell you if you have a case. Warning, one of the options that the employer will be given though is to hire you back...they don't have to pay you off. Good Luck.

Answer 4

Cindy is wrong on her terminology - "right to work" state has to do with being able to take a job without joining a union if the company has one. The law she is referring to is "employment at will".

Normally under employment at will, a company can fire you for any reason or for no reason. But if you are being treated differently because of your gender (or other protected classes like race or age over 40) that similarly situated people who are not in that class, you might have a case - talk to your local EEOC office.

Answer 5

You can try filing with the EEOC over wrongful termination. But, keep in mind, if your state is an at-will state they can terminate your employment at-will. The only thing would be for you to prove it was because you are a woman, your race, or some other protected category.

Answer 6

If you're union file a report, if you're not talk to your local "Labor Union" (should be located in the front of your phone book) make sure you've documented everything and if you have any witnesses get statements. You can also talk to a "civil" attorney (some of them have free consultations) to see if you have a case or not, but if you feel that you were treated unfairly because you are a woman (courage vs bi*chy) you may have something. I strongly urge you to look into your local resources for help.
let me know
A.

Answer 7

North Dakota has a "no cause clause" too. I got fired after 18 years because I broke my leg. (I didn't know it but I had been working on it for 3 weeks).

Answer 8

EEO--you should file an EEO complaint. My dad got to keep his job after a week and a half of paid administrative leave. Also depends on what kind of company you are working for...my dad works for the county.

Answer 9

Sure you could sue but it will likely be a waste of your time and money and you will likely not win. They are an at-will employer and they can fire you at any time for any reason.

-HR Girl

Answer 10

i think most states are right to work, so they can fire you without case, you have to prove discrimination or something...and from what you wrote, i just dont think your getting fired falls into that....