Can I fight a termination of my contract when it is unfounded?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I fight a termination of my contract when it is unfounded?
They say I had intent to steal when I did not. They also say I took items from the school, which in fact, I got out of the trash from another building days before said incident. I have witnesses that know the facts are in my favor.
Asked on August 15, 2012 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You say you had a contract of employment. If you did, and if it limited the grounds for termination (such as for theft), then you could, if you believe you did not do the things accused of, sue your employer for breach of contract. In your lawsuit, you would have to prove that you did not steal, or otherwise do something providing grounds for termination. You could use your own testimony, testimony of co-workers or other witnesses, any docuumentaty evidence, etc. If there was no actual contract, however, or if there was one but it did not limit the grounds for termination, then you would have no recourse, because in those cases, you may be fired at any time, for any reason.
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.