How do I know if I have been wrongfully terminated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I know if I have been wrongfully terminated?
My boss “let me go” for 2 weeks because he said they can’t afford it it’s been over a month and he hasn’t called but he just hired 2 new people Is this wrongful termination?
Asked on January 20, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, if you do not have an employment contract, you may be fired at any time, for any reason. Therefore, employees without contracts (or union agreements) are almost never wrongfully terminated, since the employer has the right to fire them--and an employer is entitled to fire person A while hiring persons B and C if they like. (If they lied to you about work being available, it's possible they did so to spare your feelings--an employer is not obligated to tell you the reason for termination, so there is no cause of action if the employer lied; or maybe these people have skills you lack, do different work, etc.)
The exception would be if you were discriminated against because of your race, religion, age over 40, sex, or disability. (Under federal law; some states add additional protected categories, like sexual orientation.) If you were fired due to illegal discrimination on one of these bases, then you might have a legal claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.