I was recently terminated from my job. The "reasons" they gave me seemed reasonable, even though I was shocked. Another manager there had done exactly the same thing I did, which was common knowledge, but she didn't get any type of discipline for her actions. Funny thing is, this termination came as a complete surprise to me, which I guess it shouldn't have because my District Manager had been singling me out ever since I fell and re-injured my back at work. Now I'm definetly wondering if the real reason they let me go was my worker's comp claim. I live in NV which is a "right-to-work" state, so I could not file a wrongful termination complaint with the labor board...anyone have some legal knowledge that might help me out here?
2007-12-06 12:19:00 · 8 answers · asked by pondering... 1 in Politics & Government ➔ Law & Ethics
Right-to-work usually pertains to open/closed union shops. Not sure why it would have an impact here.
Wrongful termination is very narrow, usually dealing with an employer attempting to avoid paying monies owed. Worker's comp usually doesn't fall under that since the payment of the claim protects the employer from future legal action.
In an employee-at-will situation you can be terminated for just or no cause. In most cases that will be 'no cause' since termination for cause can open the company to having to prove said cause.
The one possibility is the district manager. If you can show a program of actions taken by the district manager to drive you out of the company that would be a possibility. It would be slim, O'Brien vs. New England Telephone is the case I'm thinking of. It's primarily a failed handbook-as-contract case. Bear in mind too that none of your co-workers are going to testify against their current employer.
Worth talking to a lawyer on a contingency basis. Might be able to get $30-40K nuisance money out of the company, but you'll have to split it with the attorney.
Sounds to me like you worked for some real a**holes, and it's not illegal to be an a**hole. Shake the dust from your boots and move on.
2007-12-06 12:41:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Would you be comfortable going back to a job that you were not wanted at? I guess you can try to talk to an attorney but I'm not sure how much money is in it for them so they might not take your case. If you did something that was wrong, even if a coworker had done it before, it is still wrong and cause for termination.
2007-12-06 12:24:00 · answer #2 · answered by lahockeyg 5 · 0⤊ 0⤋
Even in "right to work" states the employer must have documentation to back any termination claims. File for unemployment then see a lawyer. If you have never been asked to sign performance reports, you might be able to do something.
2007-12-06 12:29:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you want real information you can act on need a lawyer that represents you.
Check the yellow pages and start dialing. Maybe offer a free consultation.
My opinion:
If you broke policies, even it others did too, well too bad for you to be there when they decided that would not be tolerated anymore.
As you already know, they don't need a reason to fire you at all, so I wouldn't mention on interviews for a new job that you are even considering suing your last employer.
2007-12-06 12:27:01 · answer #4 · answered by Barry C 6 · 0⤊ 0⤋
I think you mean "employment at will", not "right to work" (which refers to Union membership).
In a "employment at will" State they don't need ANY reason at all to fire you. However if they DO have a reason it can't be on the grounds of race, gender, age if you're over 40, or other "protected characteristics" as defined by State law.
Companies are also not required by law to be fair. They can treat the same situation differently for two different people, as long as the reason for the difference isn't race, gender, age if you're over 40, or other "protected characteristics" as defined by State law.
Richard
2007-12-06 12:24:36 · answer #5 · answered by rickinnocal 7 · 1⤊ 0⤋
Who said you couldn't file a complaint with the fair labor board? A Right to Work,means you don't have to join a union. You cannot be fired because you don't join even if the employees vote one in.
You most certainly can.
2007-12-06 12:30:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would have to have more information on both of your cases to see if one of you were treated any differently than the other.
2007-12-06 12:22:25 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You would have to sue in a lawsuit.
2007-12-06 12:22:51 · answer #8 · answered by Anonymous · 0⤊ 0⤋