Have YOU ever been fired without a reason?

Question

My sister has just been terminated (fired) from her 3 year job as a dental assistant, now she is planning to sue the company for not explaining the reason she got fired. She also did not receive any warnings or complains before getting fired.
1. Does anybody have any advice on what she can do about this situation?
2. Do you think she has been wrongfully terminated?
3. Does anyone think that she has a case and a chance to win?
~Any response is helpful!!!~

Answer 1

1. Most employer-employer relationships, unless specified otherwise in a written agreement, are considered "at-will employment." That means either party can terminate the employment at any time for any reason or no reason at all. Of course, there are rules to this, but generally at-will employment rules allow an employer to terminate someone for no reason at all. Just like most of us are free to quit at any time.

2. She would have a very good case for unemployment.

3. Unless she can prove she was fired because of her race, gender, or some other protected reason, she's got no chance. Tell her to move on and get another job.

Answer 2

There are several things:
1. Yes I have been fired from job. I bounced back soon and found a wonderful career. Your sis will too after the initial shock.

2. The employer must give her 2 or 3 WRITTEN warnings; give her plenty of opportunity to improve on points that were in the warning letter.

3. employer should help her in many ways to improve herself in those areas that need improvement. There should be a documented evidence that this conversation took place and she signs and the employer signs and she MUST get a copy.

4. There MUST be a witness present when she gets "THE LETTER"

5. Employer must help her to resettle in another job of comparable nature.

6. They cannot give bad reference in a way that will jeopardize her new job.

7. They can only give info. like --- When she joined the company, how long she worked and why does not have a job now. If she is fired, (which is the case here), then the employer can say she was fired and stop there. They cannot say she did this or that (unless she stole items from her employer, such as articles, money etc..)

8. If any of the above did not happen prior to getting fired she should consult the lawyer right away and sue them for improper dismissal.

Normally the employer will settle out of court.

Point of all this is that you cannot take the dignity away of the person and face it - not every job suits every person. Getting fired is not the end of the world. Just move on and concentrate on getting the next job.

Answer 3

This is a hard question too answer cause for all we know maybe the attitude answer they gave you really was the reason. Whether it was that you may have been to aggressive or the opposite too passive. Whatever the reason it would be more rewarding for you if they had gone into more details. However, no one likes to do the ugly work so it's to no surprise your are unsure as to why it happened since I'm sure the one who let you go doesn't like confrontation and felt the need to do it quick and painless for themselves. Either way unless they are a company that has to give you a good reference you'll know soon enough while trying to get a new job. The only thing you can do is not take this to heart for the time being. If you go to that next interview and find they have found some problems with that reference, listen to what was said and maybe learn from it. OR just don't refer them anymore and move on. Not every job works for everyone and there are a lot of jerks and they are bound to be your boss or coworker at some point.

Answer 4

The standing rule was that employers may fire employees for no reason unless they previously agreed not to (for example, by agreeing to continue a job for a definite period of time or to fire only for cause). This is the employment-at-will rule, under which employees are employed and may be terminated at the will (or whim) of their employer.

If one suspects that they were fired for improper reasons, they have options. Union members or those with personal service contracts can file a grievance claim. This requires a detailed investigation into the circumstances leading up to the firing -- and could result in a reversal, if the employer is found to be in violation, Bethune adds. Unfortunately, non-union workers are on their own, he continues. If they feel they've been wrongfully dismissed, they can certainly take legal action. Unlike union workers, however, they'll have to incur those costs.

So basically, she doesn't have a case. She should be able to collect unemployment. Butyou can be fired at any point without cause. Just like you can quit at any given point in time without notice. Unless you feel you were fired because of race, gender, religion or disability, there is really nothing she can do. Obviously if she has been there 3 years and nothing else has changed none of those would count.

Answer 5

1. Personal courtesy dictates that she be given reason for termination. When she files for unemployment, the agency will request from the employer the reasons for the termination. The reason is that this will give the employer the opportunity to fight the distribution of unemployment benefits. If they ever have to pay out unemployment, they are subject to a higher rate of payout to unemployment per pay period. Most employers are reluctant to do that and as a result will not terminate without just cause and documented reasons. She may have been laid off because of financial reasons. I don't think she has a strong case and I would not venture to guess whether she was wrongfully terminated based only on the information provided.

Answer 6

Got Fired For No Reason

Answer 7

She doesn't have a case unless she can prove she was fired for discriminative reasons, which is almost impossible without witlessness or recordings of some kind.

Employers have the right to terminate employees as they seem fit, companies with unions are the only exception as it breaks contract.

She can however file for unemployment.

BUT, if the termination was a direct result of abusing days off or a call in sick policy, theres a good chance its filed as a voluntary quit. In which case she is SOL, so to speak.

Answer 8

She needs to talk to an employment law attorney- the laws are different in each state.

I was fired for bogus reasons that the company kept changing once, and the lawyer told me that Wisconsin is an 'at will' employment state, so they can fire you for anything at all. They can fire you for having a booger on your nose if they want to. That is what the lawyer told me. Of course I am a white male and don't fit into any category that gets special considerations.

I've heard that California is much better, but I don't know where your sis lives.

Answer 9

1, unless you have a specific employment contract or are a memberof a union,all you can do is forget it and move on.
2. She probably was, but, again,## 1 applies. Sje can be terminated at any time, for any reason, or forno reason at all.
3. Forget it!! A lawyer willl ask for a big retainer up front, maybe $ 1000.00 or more, and he can guarantee nothing.Even if she wins, she loses.

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Welcome to the club.
If this just happened, has she signed for unemployment?? She should do so at once. You can do it on line. Then. polish up her resume.

Answer 10

I would just relax and tell them that she NEEDS to know why she was fired. If they come up with some phony excuse tell them that she is planning on suing if she doesn't find out why or if they do tell her why make sure it is a good enough reason and not that she was outside and her skirt blew around the wrong way. I really don't know if she has or has not been. Just for the plain fact that they didn't tell her why she was fired. For 1.
I think that they might be trying to hide something if they wouldn't tell her why they fired her, also they might be very wrong by doing so, because if they try to get her to stop from suing them then she can tell them why she was fired, if they don't then it would be under false circumstances. For 2.
She does if they don't tell her why they fired her! For 3.