Wrongful Termination

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Experts believe that more than 250,000 people are unjustly fired from their jobs each year. What can you do if you believe you were fired for no just reason?

Maybe you "resigned" after being pressured into it. Maybe you did not receive proper notice. Maybe you lost your job for no reason you can discern. If you have been dismissed, do not sign any papers from your employer until you have spoken to an employment lawyer.

Most lawsuits for wrongful dismissal seek to reimburse the employee for loss of earnings. Many businesses, confronted with a lawsuit, will settle out of court.

The following are possible issues for a wrongful dismissal case:

1. Discrimination: if you have been discriminated against because of race, sex, religion, disability or age, it may be a breach of your human rights.
   
   
2. Insufficient Cause: Actions such as theft, violence or threatening behavior may be cause for immediated dismissal. However, isolated instances of a less serious nature can not normally be used as an excuse to fire someone, unless there is a history of such behavior.
   
   
3. Whistleblowing: it is illegal to fire an employee, or to engage in retaliation for whistleblowing. Any person who "interferes" with the livelihood of an employee who has provided information to legal authorities regarding alleged illegal activity of their employer, is subject to up to 10 years in prison and up to $250,000 in fines.
   
   
4. Constructive Dismissal: If you felt pressured to resign, or your working conditions were made to be so horrible you couldn't continue working, you may be able to claim constructive discharge. You may also claim constructive dismissal if your pay or working conditions have been degraded or if your level of responsibility has been reduced.

When CAN an employer legally fire you:

1. At-Will Employee: If you have no contract with your employer you are an "at will" employee, and as such, you may be fired at any time for any reason that is not discrimination. However, some challenges and exceptions to this rule include breach of implied contract, reliance on an offer of employment and intentional emotional distress. At will employees can be fired for job-related problems, or for non-job-related reasons such as the boss doesn't like your jokes, or personality conflict.
   
   
2. Contract Employee: If you have a contract, your termination will be governed by the terms of the contract, unless the contract states you are an "at-will" employee, in which case you may be fired "at will". Contracts may be written or oral, even based on a promise that your "job would be secure".

If you believe you have an unfair dismissal claim, please contact an employment lawyer who will talk to you about your options.

Click here to send your complaint to a Lawyer through a secure form

Wrongful Termination Articles

Judge Stands Firm on Decision to Proceed with Wrongful Termination Suit Against ORU
The judge who is presiding over a wrongful termination suit against Oral Roberts University (ORU) by two former professors for the university, has ruled that the lawsuit will continue. The professors Tim and Paulita Brooker allege discovering wrongdoing on the part of the university's prior president. They believe they were forced from their positions with the university.

Former Employee Files $50 Million Suit against CSX
The former president of the Greenbrier, A CSX-owned resort, filed a $50 million lawsuit against the railroad company, alleging that he was unjustly fired by CSX President Michael J. Ward for revealing and trying to put a stop to unethical practices taking place within the company.

Former Dispatcher Alleges Wrongful Termination
Busto, 22, has alleged that she was deprived of her constitutional rights and was discriminated against due to a disability, experienced assault and battery, underwent false arrest and imprisonment, was the subject of conspiracy, and was the victim of negligent retention and supervision.

Charter School Closes Allegedly Citing No Funds Among Misgivings of Financial Misdeeds
Lynacre Academy was a charter school established in the South side of Dallas, Texas for poor and disadvantaged students. The school is allegedly closing due to lack of funds. This is among misgivings that funds the school had were misappropriated. The fingers keep allegedly pointing back and forth between former superintendent, Delores Beall and the school board. The alleged amount in questions is $750,000 granted by the state for funding the charter school. The school closed its doors on February 1, 2008 due to the alleged lack of funds.

Wrongful Termination: “We call it the Homeland of Insecurity.”
Asbestos is deadly stuff. It's a known carcinogen and the prime cause of mesothelioma as well as asbestosis, a potentially fatal scarring of the lungs. If you were exposed to asbestos at work, you would probably expect better treatment than immediate wrongful termination. But that, says Leroy F., is exactly what happened to him.

Wrongful Termination in the News

MAY-20-08: Four employees of a check-cashing company have filed a wrongful termination lawsuit, alleging they were fired after being robbed. The plaintiffs allege they followed company instructions to cooperate with robbers and not risk their lives. [NEWS: WRONGFUL TERMINATION]

JAN-17-08: A wrongful dismissal lawsuit filed by a former cultural co-ordinator at Wanuskewin Heritage Park has been settled out of court. The man filed the suit because he felt he did not receive explanation for the termination. [STAR PHOENIX: WRONGFUL TERMINATION]

JAN-16-08: A former director of a non-profit agency has filed a wrongful termination lawsuit against the agency. The plaintiff alleges that she was fired for complaining about safety issues and harassment. [REPORTER: WRONGFUL TERMINATION]

JAN-15-08: A former city employee has settled his wrongful termination lawsuit for $250,000. The plaintiff claimed he was fired for opposing discriminatory practices. [EXPRESS-TIMES: WRONGFUL TERMINATION]

JAN-15-08: Three men will each receive $50,000 in their wrongful termination lawsuit. The men alleged they were improperly fired for political reasons. [DAILY MAIL: WRONGFUL TERMINATION]

JAN-8-08: Nevada City has agreed to end a wrongful termination suit filed by their former city clerk with a $275,000 payout. The city has also aplogized for implying the woman was incompentent at her job. [MERCURY NEWS: WRONGFUL TERMINATION]

DEC-31-07: A former East St. Louis employee has filed a wrongful termination lawsuit against her employer alleging she was fired for refusing to sign a nominating petition for a person running for political office. [RECORD: WRONGFUL TERMINATION]

JAN-02-08: Two former Sweet Springs city employees settled their wrongful termination lawsuit with the city for $25,000. The plaintiffs alleged they were fired in retaliation for attending a political rally while off duty. [DEMOCRAT-NEWS: WRONGFUL TERMINATION]

DEC-29-07: A heart clinic settled a wrongful termination lawsuit filed by an employee who claimed she was fired for uncovering improper accounting procedures. [NEWS STATION: WRONGFUL TERMINATION]

DEC-21-07: A former police officer was awarded $50,000 in his lawsuit alleging harassment against his former coworkers. The plaintiff alleged he was subjected to harassment after being awarded $125,000 for wrongful termination. [TIMES-TRIBUNE: WRONGFUL TERMINATION]

DEC-18-07: A jury awarded a former Harrah's security guard $1 million in her wrongful termination lawsuit. The plaintiff alleged she was fired after reporting to authorities that she was instructed to ignore violations of state gaming laws. [NEWS-DEMOCRAT: WRONGFUL TERMINATION]

Wrongful Termination Legal Help

If you believe you have been wrongfully terminated from your job, please click the link below to send your complaint to an attorney who will review your claim at no charge or obligation